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OFFICIAL DONATIO 



THE SCHOOL LAW 



OF 



WEST VIRGINIA 



Being a complete revision of Chapter Forty- 
five of the Code as amended and re-enacted at 
the Special Session of the Legislature held in 
February and March, 1908, and in effect on and 
after May 31st, 1908, together with the provisions 
of the Constitution relating to Education, blank 
forms, instructions, etc. 



Published for the Use of School Officers, Teachers, and the Public 
Generally, in Compliance with Section 126 of this Chapter. 



ARRANGED AND ISSUED BY 

THOS. C. MILLER, 

STATE SUPERINTENDENT OF FREE SCHOOLS, 

CHARLESTON. 




1908 

The Tribune Printing Co. 
CHARLESTON. 



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STATE OF WEST VIRGINIA. 
DEPARTMENT OF FREE SCHOOLS. 

Charleston, March 25, 1908. 

For some years there has been a general demand for a revision of 
the School Law of West Virginia, and in 1906 Governor Dawson ap- 
pointed a Commission to make such a revision. This Commission con- 
sisted of ex-State Superintendents B. L. Butcher, B. S. Morgan and J. 
R. Trotter; ex-State Senators Harvey W. Harmer and Charles E. 
Carrigan; ex-County Superintendent L. W. Burns, and the State 
Superintendent of Free Schools. A report was made to the Govern- 
or early in 1907 and by him submitted to the Legislature' in regular 
session. While most of the provisions recommended were very favor- 
ably considered by that body, on account of the shortness of the ses- 
sion and other important questions demanding attention, there was 
no definite outcome. However, the Governor included the revision of 
the school law in his call for the Special Session of 1908, and the 
Committees on Education of the two Bodies, after carefully consid- 
ering the report of the Commission for more than a month and 
agreeing upon various changes and amendments, finally reported a 
Bill embodying a complete revision of our school law, which was 
known as House Bill No. 37. This Bill upon its final passage received 
the unanimous vote of both Houses, something unusual in legislative 
work, thus making this Act a notable one in the school history of 
the State. 

As will be seen, the side notes have been omitted and the sub-sec- 
tions re-numbered and a proper heading given to each. It is be- 
lieved that this form will be much more convenient than the old one. 
The index is also very full, and the School Calendar calls attention 
to some important dates. Former opinions of the Attorney General 
are not included in the revision, although many of these opinions 
would apply as well to the new law as to the old, because the provis- 
ions are the same. 

Very respectfully, 



State Supt. of Free Schools. 



SCHOOL CALENDAR. 

JULY. 

1. School year begins. 

(On or before) Sheriff settles with Board of Education. 
(Before) Sheriff reports delinquent property. 
1st Monday. — Board of Education meets to determine number of 
teachers to be employed in their district and to fix salaries, etc. 
4. Independence day. Legal Holiday. 
3rd Monday. — (or as soon thereafter as practicable) Trustees meet 
to employ teachers. 

AUGUST. 

1. (On or before) County Superintendent makes report to State 

Superintendent. 
2nd Tuesday. — Board of Education meets to ascertain the condition 

of the fiscal affairs of the district and to make up an itemized 

statement thereof. 
2nd Tuesday. — (On or before) Assessor certifies value of property 

to Secretary of Board and County Superintendent. 
4th Tuesday. — Board meets to consider objections to estimate and 

proposed levy and to lay levy. 
4th Tuesday. — (Within Three Days after) Secretary reports rate of 

levy. 

SEPTEMBER. 
1. (Before) Auditor reports condition of School Fund to the Gov- 
ernor and the State Superintendent. 
1st Monday. — Legal Holiday. 
15. First installment of General School Fund paid to Sheriff. 

NOVEMBER. 

Last Thursday. — Thanksgiving Day — Legal Holiday. 

DECEMBER. 

15. Second installment of General School Fund paid to Sheriff. 
25. Christmas — Legal Holiday. 



School Law of West Virginia. 5 

JANUARY. 

1. New Year's Day — Legal Holiday. 

(On or before) State Superintendent makes report to Governor. 
FEBRUARY. 
22. Washington's Birthday — Legal Holiday. 

APRIL. 

1. (On or before) Teachers take enumeration. 
15. (On or before) Secretary transmits summary of enumeration 
to County Superintendent. 

MAY. 
1. (On or before) County Superintendent forwards to State Su- 
perintendent report of enumeration. 
SO. Memorial Day — Legal Holiday. 

JUNE. 

1. (On or before) State Superintendent appoints member of State 

Board of Education. 
10. (On or before) Auditor notifies State Superintendent of amount 

of General or Distributable School Fund. 
SO. School year ends. . 



CONSTITUTIONAL PROVISIONS 

RELATING TO THE 

SCHOOL SYSTEM OF WEST VIRGINIA 



AETICLE IV. 

Oath of Office. 

5. Every person elected or appointed to any office, before proceed- 
ing to exercise the authority, or discharge the duties thereof, shall 
make oath or affirmation that he will support the Constitution of the 
United States and the Constitution of this State, and that he will 
faithfully discharge the duties of his said office to the best of his skill 
and judgment; and no other oath, declaration, or test shall be requir- 
ed" as a qualifiction, unless herein otherwise provided. 

Removal from Office. 

6. All officers elected or appointed under this Constitution, may, 
unless in cases herein otherwise provided for, be removed from office 
for official misconduct, incompetence, neglect of duty, or gross im- 
morality, in such manner as may be prescribed by general laws, and 
unless 60 removed, they shall continue to discharge the duties of their 
respective offices, until their successors are elected, or appointed and 

qualified. 

* * * * * * * * 

Legislature to Prescribe Terms of Office. 
8. The Legislature, in cases not provided for in this Constitution, 
shall prescribe by general laws, the terms of office, powers, duties and 
compensation of all public officers and agents, and the manner in 
which they shall be elected, appointed and removed. 

ARTICLE VIII 
Districts. 
27. Each county shall be laid off into districts, not less than three 
nor more than ten in number, and as nearly equal as may be in ter- 
ritory and population, * * * 



8 School Law of West Virginia. 

AKTICLE IX 

******* * 

County Officers Subject to Indictment. 

4. The Presidents of the County Courts, the Justices of the 
Peace, Sheriffs, Prosecuting Attorneys, Clerks of the Circuit and of 
the County Courts, and all other county -officers, shall be subject to 
indictment for malfeasance, misfeasance, .or neglect of official duty, 
and on conviction thereof, there offices shall become vacant. 

I am inclined to the opinion that the words "all other county officers," as 
used in this section, include members of boards of education, although they are 
elected in districts. This is by no means clear, however. This section is in force 
etc proprio vigore and needs no additonal legislation.— Alfred Caldwell, Attorney- 
General. 

AETICLE X 

* * * * * * * * 

Capitation Tax. 
2. The Legislature shall levy an annual capitation tax of one dol- 
lar upon each male inhabitant of the State who has attained the age 
of twenty-one years, which shall be annually appropriated to the sup- 
port of Free Schools. Persons afflicted with bodily infirmity may 

be exempted from this tax. 

* * * * * * * * 

Power of Legislature to Levy. 

5. The power of taxation of the Legislature shall extend to pro- 
visions for the' payment of the State debt, and interest thereon, the 
support of free schools, and the payment of the annual estimated ex- 
penses of the State; but whenever any deficiency in the revenue shall 
exist in any year, it shall, at the regular session thereof held next 
after the deficiency occurs, levy a tax for the ensuing year, sufficient 
with the other sources of income, to meet such deficiency, as well as 

the estimated expenses of such year. 

******* * 

County Taxes Not to Exceed What — Debt. 
7. County authorities shall never assess taxes, in any one year, 
the aggregate of which shall exceed ninety-five cents per hundred dol- 
lars valuation, except for the support of free schools; payment of in- 
debtedness existing at the time of the adoption of this Constitution; 
and for the payment of any indebtedness with the interest thereon, 
created under the succeeding section, unless such assessment, with all 
questions involving the increase of such aggregate, shall have been 



School Law of West Virginia. 9 

submitted to the vote of the people of the county, and have received 
three-fifths of all the votes cast for and against it. 

See Brannon vs. County Court, 33 W. Va., p. 7S9, construing this section. 

Bonded Indebtedness. 
S. No county, city, school district, or municipal corporation, ex- 
cept in cases where such corporations have already authorized their 
bonds to be issued, shall hereafter be allowed to become indebted, in 
any manner, or for any purpose, to an amount, including existing in- 
debtedness in the aggregate, exceeding five per centum on the value 
of the taxable property therein to be ascertained by the last assess- 
ment for State and county taxes, previous to the incurring of such 
indebtedness; nor without, at the same time providing for the collec- 
tion of a direct annual tax, sufficient to pay, annually, the interest 
on such debt, and the principal thereof, within, and not exceeding 
thirty-four years; Provided, That no debt shall be contracted under 
this section, unless all questions connected with the same, shall have 
been first submitted to a vote of the people, and received* three-fifths 
of all the votes cast for and against the same. 

AETICLE XII 

Legislature to Provide System of Free Schools. 

1. The Legislature shall provide by general law, for a thorough 
and efficient system of Free Schools. 

See 4 W. Wa., p. 499. 

General Supervision. 

2. The State Superintendent of Free Schools shall have a gener- 
al supervision of free schools, and perform such other duties in rela- 
tion thereto as may be prescribed by law. If in the performance of 
any such duty imposed upon him by the Legislature, he shall incur 
any expenses, he shall be reimbursed therefor: Provided, The 
amount does' not exceed five hundred dollars in any one year. 

County Superintendents. 

3. The Legislature may provide for county superintendents, and 
such other officers as may be necessary to carry out the objects of this 
Article, and define their duties, powers and compensation. 

School Fund — Board of. 

4. The existing permanent and invested school fund, and all 



10 School Law of West Virginia. 

money accruing to this State from forfeited, delinquent, waste and 
unappropriated lands; and from lands heretofore sold for taxes and 
purchased by the State of Virginia, if hereafter redeemed or sold to 
others than this state; all grants, devises or bequests that may be 
made to this State for the purposes of education or where the pur- 
poses of such grants, devises, or bequests are not specified; this 
State's just share of the literary fund of Virginia, whether paid over 
or otherwise liquidated; and any sums of money, stocks, or property, 
which this State shall have the right to claim from the State of Vir- 
ginia for educational purposes; the proceeds of the estates of persons 
who may die without leaving a will or heir, and of all escheated lands ; 
the proceeds of any taxes that may be levied on the revenues of any 
corporation; all moneys that may be paid as an equivalent for ex- 
emption from military duty; and such sum as may, from time to 
time, be appropriated by the Legislature for the purpose, shall be set 
apart as a separate fund to be called the "School Fund," and invested 
under such regulation as may be prescribed by law, in the interest 
bearing securities of the United States, or of this State, or if such in- 
terest bearing securities cannot be obtained, then said "School Fund" 
shall be invested in such other solvent interest bearing securities as 
shall be approved by the Governor, Superintendent of Free Schools, 
Auditor and Treasurer, who are hereby constituted the "Board of the 
School Fund," to manage the same under such regulations as may be 
prescribed by law; and the interest thereof shall be annually applied 
to the support of Free Schools throughout the State, and to no other 
purpose whatever. But any portion of said interest remaining unex- 
pended at the close of the fiscal year shall be added to, and remain a 
part of, the capital of the "School Fund"; Provided, That all taxes 
which shall be received by the State upon delinquent lands, except 
the taxes due to the State thereon, shall be refunded to the county, or 
district by or for which the same were levied. 

School Fund Amendment. 

Ratified at the General Election in November, 1902. (See Joint Resolution No. 
11, Acts 1901, p. 465.) 

The accumulation of the School Fund provided for in section four 
of article twelve, of the Constitution of this State, shall cease upon 
the adoption of this amendment, and all money to the credit of said 
fund over one million of dollars, together with the interest on 6aid 
fund, shall be used for the support of the Free Schools of this State. 



School Law of West Virginia. 11 

All money and taxes heretofore payable into the treasury under the 
provision of the said section four, to the credit of the School Fund, 
shall be hereafter paid into the treasury to the credit of the General 
School Fund for the support of the free schools .of the State. 
Legislature to Provide for Free Schools. 

5. The Legislature shall provide for the support of free schools, 
by appropriating thereto the interest of the invested "School Fund," 
the net proceeds of all forfeitures and fines accruing to this State 
under the laws thereof; the State capitation tax; and by general 
taxation of persons and property, or otherwise. It shall also provide 
for raising, in each county or district, by the authority of the people 
thereof, such a proportion of the amount required for the support of 
Free Schools therein as shall be prescribed by general laws. 

Districts. 

6. The school districts into which any county is now divided shall 
continue until changed in pursuance of law. 

Levies to be Reported to Cleric of County Court. 

7. All levies that may be laid by any county or district for the 
purpose of free schools shall be reported to the Clerk of the County 
Court, and shall, under such regulations as may be prescribed by law, 
be collected by the Sheriff, or other collector, who shall make annual 
settlement with the County Court; which settlements shall be made 
a matter of record by the Clerk thereof, in a book to be kept for that 
purpose. 

White and Colored Pupils. 

8. White and colored persons shall not be taught in the same 
school. 

School Officers not to be Interested in Sale of Books. 

9. No person connected with the free school system of the State, 
or with any educational institution of any name or grade, under State 
control, shall be interested in the sale, proceeds or profits of any book 
or other thing used, or to be used therein, under such penalties as 
may be prescribed by law; Provided, That nothing herein shall be 
construed to apply to any work written or thing invented by such 
person. 

Independent Districts. 

10. No independent Free School district, or organization shall 
hereafter be created, except with the consent of the school district or 
districts out of which the same is to be created, expressed by a ma- 
jority of the voters voting on the question. 



12 School Law of West Virginia. 

Normal Schools. 

11. No appropriation shall hereafter be made to any State Nor- 
mal School, or branch thereof, except to those already established, 
and in operation, or now chartered. 

Legislature to Encourage Improvements. 

12. The Legislature shall foster and encourage moral, intellectual, 
scientific and agricultural improvement; it shall, whenever it may 
be practicable, make suitable provision for the blind, mute and insane, 
and for the organization of such institutions of learning as the best 
interests of general education in the State mav demand. 



THE SCHOOL LAW. 

CHAPTER XLV. 
OF EDUCATION. 

School Year. 

See. 1. The school year shall begin on the first day of July and 
end on the thirtieth day of June, and all reports, accounts and settle- 
ments respecting the free schools shall be made with reference to the 
school year 

School Districts. 

Sec. 2. Every magisterial district in each of the counties of .the 
state shall be a school district, which shall be divided into such num- 
ber of sub-districts as may be necessary for the convenience of the 
free schools therein. The present districts and sub-districts shall 
remain until changed in the manner prescribed by law. 

BOARD OF EDUCATION. 

How Constituted — Election — Term. 

Sec. 3. In each district there shall be a board of education con- 
sisting of a president and two school commissioners elected by the 
voters thereof. One commissioner shall be elected at the general 
election held on the Tuesday after the first Monday in November, 
nineteen hundred and eight, and one commissioner every two years 
thereafter; and the president at the general election held in nineteen 
hundred and ten, and every four years thereafter. Their term of 
office shall commence on the first day of July next after their election, 
and they shall each continue in office for four years, and until their 
successors are elected or appointed and qualified according to law. 

Tie in Vote. 

Sec. 4. In case of a" tie in the vote for members of the board of 



14 School Law of West Virginia. 

education, the county superintendent of free schools shall give the 
casting vote. 

Vacancy. 

Sec. 5. Any member of any board of education who shall be em- 
ployed to teach in his district shall vacate his office. 

Vacancies in the board of education shall be filled by the county 
superintendent of free schools, until the next general election. 

Oath of Members. 

Sec. 6. Every president and commissioner of the board of educa- 
tion elected within this state shall within ten days after his election 
has been duly declared, qualify as such by taking and subscribing 
before some one duly authorized to administer oaths within his 
county, the oath of office prescribed by section five of article 'four of 
the constitution, which oath shall be filed with the secretary of the 
board of education of his district. 

A Corporation. 

Sec. 7. The board of education of each district, and independent 
school district shall be a corporation by the name of "The board of 

education of the district or independent district of 

in the county of ," and as such may sue and be sued, 

plead and be impleaded, contract and be contracted with; and shall 
succeed and be substituted to all the rights of the former district 
boards of education; and may prosecute and maintain any and all 
suits and proceedings now pending or which might have been brought 
and prosecuted in the name of any such former board of education 
for the recovery of any money or property or damage to any property 
due to or vested in such former board, and shall also t>e liable in its 
corporate capacity for all claims legally existing against the board of 
education of which it is successor. 

Service of Process. 

Sec. 8. Process and notice may be served on said corporation by 
delivering a copy thereof to the secretary or any member of the 
board. Said board shall receive, hold and dispose of according to the 
rules of law, and the intent of the instrument conferring title, any 
gift, grant, devise or bequest made for the use of any free school or 



School Law of West Virginia. 15 

schools under their jurisdiction, and, without any transfer or con- 
veyance, shall be deemed the owner of the real estate and personal 
property of their district, and the title of all such lands as have been 
in the actual possession of any board of education for the last five 
years, and are still in such possession and not otherwise claimed, is 
hereby vested in the board of education of the district in which such 
lands are situated, to be held and used for free school purposes, and 
none other. The board of education shall hereafter, whenever pos- . 
sible, obtain a general warranty deed for all school sites. 

Property Exempt from Execution. 

Sec. 9. All school houses, school house sites and other property 
belonging to any board of education and used for school purposes 
shall be exempt from execution or other process, and free from lien or 
distress for taxes or county levies. 

Property to be Inspected — May be Sold. 

Sec. 10. The president of the board of education of every district 
and independent district shall at least once a year, examine all the 
school houses now constructed or in process of construction and all 
school sites in the district and report the condition of the same to 
the board of education ; and such as are in the judgment of the board, 
properly located and are suitable or can with reasonable expense be 
rendered so, shall be retained, and the remainder with the consent of 
the county superintendent, as to districts, shall be sold at public 
auction to the highest responsible bidder, by the board of education 
on proper legal notice and on such terms of sale as the board may 
order, and the proceeds shall be added to the building fund. 

Have General Control of Schools — May Change Sub-district Lines. 

Section 11. The board of education shall have general control and 
supervision of the schools and school interests of their districts, ex- 
cept as herein otherwise provided; and they shall determine the 
number and location of the schools to be taught; establish graded 
schools, when necessary, and, as hereinafter provided, establish high 
schools, if necessary, change the boundaries of their sub-districts, 
and increase and diminish the number thereof, having due regard to 
the school houses already built, or sites procured, assigning, if 
practicable to each sub-district, not less than forty youth between 
the age of six and twenty-one years; and shall define and enter of 



16 School Law of West Virginia. 

record in their minute book the boundaries of the several districts and 
eub-districts. 

But every village consisting of fifty inhabitants or more shall be 
included in one sub-district, and if such village is divided by district 
or county lines the said village shall be included in the sub-district 
under the supervision of the board of education of the district to 
which the larger division of its territory is attached. 

Appeal to County Superintendent. 

Sec. 12. Any person aggrieved by any action of the board of 
education, in changing the boundaries of a sub-district, or in in- 
creasing or diminishing the number of the sub-districts in his district 
under the preceding section, may appeal therefrom to the county 
superintendent of schools. 

Every such person shall present to the county superintendent his 
petition signed by himself and at least five others residents of the 
sub-district, stating the action of the board complained of and the 
grounds of appeal; and the county superintendent shall thereupon 
fix a time and place for the hearing of the appeal, and cause notice 
thereof to be served upon the secretary or any member of the board 
of education, at least five days before the hearing. 

If upon hearing the proofs and allegations of the parties tho 
county superintendent be of the opinion that the action of the board 
complained of was improper he shall reverse or correct it; otherwise 
the said action shall be affirmed, but any person aggrieved by any 
action of the county superintendent upon said appeal may appeal 
to the circuit court of the county. 

Must Provide Sites and Buildings. 

Sec. 13. The board of education of every district shall provide by 
purchase, condemnation, leasing, building or otherwise, suitable school 
houses, and grounds in their districts, in such locations as will best 
accommodate the pupils thereof, and improve such grounds and pro- 
vide such furniture, fixtures, and apparatus for the said school 
houses, as the comfort, health, cleanliness and convenience of the 
pupils may require, and keep such grounds, school houses, furniture, 
fixtures, and apparatus in good order and repair, but no board of 
education may purchase school apparatus of any kind without the 
advice and consent of the couaty superintendent first had in writing. 



School Law of West Vikginia. 17 

Approval of Location and Plans. 

Sec. 14. In the construction of school houses the board of educa- 
tion of each district shall have regard to economy, convenience and 
durability of structure and the health and comfort of pupils, and no 
such school house shall be constructed until the location and plan 
thereof have first been approved by the county superintendent, and 
in the event the board of education cannot agree upon plans or loca- 
tion, the county superintendent shall select the plans and location 
for such house. 

May Condemn Land. 

Sec. 15. If the owner or owners refuse to sell any land selected 
by a board of education or a county superintendent, as a location for 
a school house and necessary buildings, or for enlarging a school 
house lot, or demand an unreasonable price therefor, or if the owner 
is non compos mentis, a femme convert e, a minor, or a non-resident, the 
board of education may petition the circuit court to have such land 
condemned and such proceeding shall thereupon be had in the name 
of such board for the condemnation thereof, as provided for in 
chapter forty-two of the code : provided, that the land so taken shall 
not exceed in quantity two acres. 

Sclioo'ls to oe Taught. 

Sec. 16. The board of education shall cause to be taught in every 
sub-district of their district by a teacher or teachers of temperate 
habits and good morals a sufficient number of free schools for the 
instruction of the persons entitled to attend the same, and should 
the trustees of any sub-district neglect or fail to employ a teacher, or 
teachers, as hereinafter authorized, for their sub-district, upon com- 
plaint thereof by any three patrons of said school it shall be the duty 
of the board of education to do so. 

May Discontinue. 

Sec. 17. If at the end of any month of school the average daily 
attendance for that month has been less than thirty-five per cent, of 
the whole number of pupils enumerated in that sub-district, the 
board of education may dismiss the teacher and discontinue the 
school, and the teacher shall not be entitled to or receive any further 
salary. 



18 School Law of West Virginia. 

May Provide Buildings Jointly. 

Sec. 18. Boards of education in adjoining districts may jointly 
provide for the construction of school houses and the teaching of 
school therein for the accommodation of pupils in adjoining portions 
of districts whether in the same or different counties who may be 
better accommodated by such union of schools. The title of such 
houses shall be vested in the board of education of the district in 
which the houses are located, and the terms of the agreement shall 
be reduced to writing and entered of record in the minutes of the 
respective boards. Such school houses shall be provided with furni- 
ture, fixtures and such other apparatus as are supplied to school 
houses generally, and an equitable amount of the cost thereof shall be 
assessed to each district interested, by the respective boards of educa- 
tion. 

Bond Required. 

Sec. 19. Boards of education shall in all cases require persons 
entering into contract for the building or repairing of school houses 
where the contract price exceeds fifty dollars, to execute bond, with 
approved security in double the amount of the contract price. 

Vote on Levy. 

Sec. 20. The ballots used at the election for county superintendent 
hereinafter provided for, shall have printed at the bottom of each 
ticket, in separate lines, "For school levy," and "Against school levy/' 
and the voter in preparing his ballot shall, if he desires to vote for 
school levy, erase from the ticket which he intends to vote the words 
""Against school levy," or if he desires to vote against school levy, he 
shall erase therefrom the words "For school levy." 

Levy. 

Sec. 21. If a majority of the ballots cast upon the question of 
laying a levy in the district or independent district have written or 
printed thereon "For school levy," it shall be the duty of the board 
of education of such district or independent district at a. meeting to 
be held on the second Tuesday in August, to ascertain the condition 
of the fiscal affairs of the district, and make up an itemized state- 
ment thereof, which shall set forth in detail : 



School Law of West Virginia. 19 

(a) The separate amounts- due the building fund and teachers' 
fund of the district, and the amounts that will become due thereto 
and collectable during the current fiscal year, from every source, in- 
cluding the amount to be received from the general school fund, but 
excepting the amount that will be produced by the levy of taxes to 
be made for the year; 

(b) The debts and demands owed by the district, and the debts 
and demands that will become due and payable during the current 
fiscal year, including interest on any indebtedness, funded or bonded 
or otherwise, distinguishing between those payable out of the build- 
ing fund and those payable out of the teachers' fund; 

(c) All other expenditures, under the several heads of expendi- 
tures, to be made and payable out of the funds of the district for the 
current fiscal year, distinguishing between those payable out of the 
building fund and those payable out of the teachers' fund, and in- 
cluding the cost of collection of taxes and other claims, with proper 
allowances for delinquent taxes and contingencies. Said statement 
shall also set forth the separate amounts necessary to be raised for 
each of said funds by the levy of taxes for the current fiscal year, 
and the proposed rates of levy of taxes, in cents on each one hundred 
dollars of assessed value, on the taxable property of the district for 
each of said funds; and also the aggregate of the taxable property of 
the district, stating separately the assessed value of personal property, 
of real estate, and of the property assessed by the board of public 
works. A copy of such statement duly certified by the secretary of the 
board, shall be published twice, at least one week intervening between 
the publications, in two newspapers of general circulation published 
in the county, and of opposite polities. If there be but one newspaper 
published in the county, the publication shall be made therein and 
shall be posted in each post office in the district for at least eight 
days. The session shall then stand adjourned until the fourth Tues- 
day in August, at which time it shall convene; and it shall then be 
the duty of said board to hear and consider any objections made 
orally or in writing, by the prosecuting attorney, by the state tax 
commissioner or his representative, or by any taxpayer of the county, 
to said estimate and proposed levy, or any item thereof. It shall be 
the duty of the board to enter an order of record showing the objec- 
tions so made, setting forth the reasons and grounds for such objec- 
tions. But the failure of any officer or taxpayer to offer objection as 
herein provided shall not preclude him from pursuing any legal 
remedy necessary to correct any levy laid by said board. After said 



2-0 School Law of West Virginia. 

objections have been made and heard, the board shall thereupon re- 
consider the proposed original estimate and proposed rate of levy;' 
and if the objections thereto or any part thereof appear to be well 
taken, the board shall correct the same accordingly and it shall there- 
upon be approved, and when approved shall, with the order approv- 
ing it, be entered by the secretary in the record book of proceedings, 
the board shall thereupon levy as many cents on each one hundred 
dollars of the assessed valuation of the property of the district, 
according to the last assessment thereof, as will produce the amount 
shown by the said statement necessary to be raised for the building 
fund, and levy in like manner the amount necessary, after deducting 
the sum receivable from the general school fund, for the teachers' 
fund to continue the schools in such district for the term of six 
months or for a longer term where such may be established by or 
according to law : provided, first, that the levy for the building fund 
shall not exceed fifteen cents on each one hundred dollars of said 
valuation for the year nineteen hundred and eight, and shall not ex- 
ceed twelve and one-half cents after that year; nor exceed twenty-five 
cents on each hundred dollars of said valuation for the teachers' fund : 
provided, second, that if such board of education in a city or inde- 
pendent school district of less than ten thousand population main- 
tains a high school in such district, or maintains a high school in 
connection with one or more other districts, the board may levy for 
the support of said high school in any one year not to exceed ten 
cents on each one hundred dollars of said valuation : provided, third, 
that school districts and independent districts having outstanding 
bonds may increase the levies aforesaid by any amount sufficient to 
pay the interest on such bonds and the principal thereof in the time 
provided in the issue of such bonds, but the proceeds of such 
additional levy may be used for that purpose., and no other: pro- 
vided,, fourth, that if said maximum levy of twenty-five cents for the 
teachers' fund shall not produce sufficient money, with the other 
sources of revenue, including any balance to the credit thereof in the 
hands of the treasurer and the amount of the general school fund 
apportioned to the district, to pay the salaries of the necessary num- 
ber of teachers, at the minimum rate of salary fixed by law, for the 
schools of the district for the term of six months, it shall be the 
duty of the state superintendent of free schools to deposit with the 
treasurer of the board of education, to the credit of the teachers' 
fund, a sufficient amount to make up such deficiency; and the said 
state superintendent is authorized to withhold from the distribution 



School Law of West Vikginia. 21 

made on the per capita basis a sufficient amount of the general school 
fund, not exceeding in any one year fifty thousand dollars, for this 
purpose. If it shall appear to said state superintendent that a 
sufficient number of teachers of the proper grade for the schools of 
such district cannot be procured at the. minimum rate of salary, owing 
to the payment of larger salaries in neighboring districts or else- 
where in the state he may fix the salaries of such teachers above the 
minimum, but not above the salaries paid teachers of like grades in 
neighboring districts. Any balance of the general school fund with- 
held from the per capita distribution for such schools, as aforesaid, 
in any year, shall revert to said fund at the close of the year. 

Additional Levy. 

Sec. 22. If any board of education be of the opinion that the 
maximum rate of levy of taxes hereinbefore named will not produce 
sufficient funds for the current fiscal year to cover the expenditures 
for the year in its school district, it may enter an order on its record 
book of proceedings setting forth the purposes for which additional 
funds will be needed, the amount thereof for each purpose, and the 
total thereof, the aggregate amount of the taxable property on which 
it is authorized to levy taxes and the rate of levy in cents on each one 
hundred dollars of valuation of such property necessary to produce 
the additional amount estimated to be needed; and in the same order 
submit to the voters of the school district, at an election therefor, 
the question of such additional levy. If a majority of the votes cast 
on the question at such election be in favor of such additional levy, 
the board shall have authority to make such additional levy, but the 
same shall not exceed twenty cents on each one hundred dollars of 
valuation of the taxable property in the school districts, according to 
the last assessment thereof : provided, that if any school or inde- 
pendent school district create in the future a bonded indebtedness 
according to law, and the board of education be of opinion that the 
maximum rate of levy provided in section twenty-one will not produce 
sufficient funds to pay the interest on such bonded indebtedness and 
provide a sinking fund for the discharge of the principal in the 
number of years authorized by the issue of the bonds, it may enter an 
order on its record book of proceedings setting forth the maximum 
rate of levy necessary in each year to pay the interest and to provide 
such sinking fund ; and in the same order submit to the voters of the 
district at the election held for the purpose of authorizing the bond 
issue, the question of such levy. At such election there shall be 



22 School Law of West Virginia. 

printed on the ticket a brief statement of the levy herein provided 
for, such as, "To authorize a maximum special bond levy of 

cents according to the order of ■ entered on 

the day of to pay the interest and provide 

a sinking fund for the discharge of the bonds now being voted upon/' 
And directly underneath in two separate lines shall be printed the 
words. "For the levy" and "Against the levy." In all respects the 
provisions of the laws concerning general elections, and elections 
under the provisions of this act, shall apply to such election as far as 
they are practicable. If a majority of the votes cast at such election 
be in favor of such levy, the board shall have authority to lay such 
maximum levy, and may continue to lay the same, or such portion 
thereof as is necessa^, from year to year, without an additional vote, 
until such bonded indebtedness is paid off and discharged; but the 
funds arising from such levy shall be used for the purpose herein 
designated and no other. 

How Elections Herein Authorized Held. 

Sec. 23. The election authorized in section twenty-two may be 
held at any general election, or at any special election held for any 
other purpose, as well as held separately. Notice thereof, however, 
shall be given by the publication -of the order of the board calling the 
same, in two newspapers of general circulation in the territory in 
which the election is held, and of opposite politics, at least once in 
each week for two successive weeks before the election, and printed 
copies of said order shall be posted at each place of voting at least 
ten days before the election. If there be only one such newspaper 
published in the county, the publication shall be made therein. All 
the provisions of the laws concerning general elections shall apply to 
such election as far as they are practicable, except as follows : A 
separate ticket shall be used at such election held in connection with 
any other election. On such ticket shall be printed a brief state- 
ment of the question submitted, such as "Special election to authorize 

levy of cents, according to the order of the 

day of ;? and directly underneath, in two separate lines, 

shall be printed the words "For the levy," and "Against the levy." 
Those favoring the levy shall erase the words "Against the levy" and 
those opposed thereto shall erase the words "For the levy." If a 
majority of those voting on the question be in favor of the levy the 
said board shall be authorized to lay the same; but if a majority of 
the votes cast on the question be not in favor of such levy, it shall 



School Law of West Virginia. 23 

not be laid. The secretary of the board shall procure and furnish to 
the election commissioners at each place of voting the tickets, poll 
books, tally sheets, and other things needed. 

Special Debt Levy — Provisions as to Certain Funds. 

Sec. 24. If any school district or any independent school district 
have outstanding unpaid orders on the treasury thereof, or owe other 
floating indebtedness, which orders were issued or which indebtedness 
was incurred previous to the first day of January in the year nineteen 
hundred and eight the amount whereof is so considerable that it is 
impracticable to discharge the same out of the proceeds of the regular 
levy, and the board of education deem it inadvisable to submit to 
the voters of the district the question of an additional levy as provided 
in section twenty-two, the board may lay a levy in addition to said 
regular levy to be called "Special debt levy," not exceeding ten cents 
on each hundred dollars of the valuation of the taxable property of the 
district according to the last assessment of such property, and con- 
tinue such levy for as many years as may be necessary to pay off such 
debt, but not longer. The net amount produced by any such levy, or 
by any additional levy authorized by section twenty-two, shall not 
be used for any other purpose, as to such special debt levy than for 
the payment of such debt, or as to such additional levy for the purpose 
or purposes named in the order submitting the question to the voters. 
Tbe treasurer of each of such funds shall keep an accurate account of 
the same separately from other funds. If after paying off such debts 
or effecting the object of said additional levy or of said special levy, 
any balance remains of any said funds the same shall, first revert to 
the sinking fund of the district or independent school district, or 
secondly, if there be no such sinking fund, it shall revert to the 
teachers' fund. 

Certain Acts Prohibited — Penalties. 

Sec. 25. It shall be unlawful for any board of education to ex- 
pend any money or to incur 'any obligation or indebtedness which 
such tribunal is not expressly authorized by law to expend or to incur. 
ISTor shall any such tribunal make any. contract, express or implied, 
the performance of which, in whole or in part, would involve the ex- 
penditure of money in excess of funds legally at the disposal of such 
tribunal, issue or authorize to be issued any certificate, order or other 
evidence of indebtedness which cannot be paid out of the levy for 



24 School Law op West Virginia. 

the current year or out of the fund against which it is issued. Nor 
shall any such tribunal attempt to lay any such levy the rate whereof 
shall exceed the rate specified by this act. 

Any member of any such tribunal, or any officer or person, who in 
violation of any of the provisions of this act shall expend any money 
or incur any debt or obligation, make or participate in the making 
of any such contract, or be a party thereto in any official capacity, 
or issue or cause to be issued any such certificate, order or other evi- 
dence of indebtedness, or lay or cause to be laid any levy or levies, 
shall be personally liable therefor, both jointly and severally, and 
an action may be maintained therefor by the state, or by any county, 
municipal corporation, district, or person prejudiced thereby, in any 
court of competent jurisdiction; and any such member, officer or 
person shall be guilty of a misdemeanor, and upon conviction thereof 
shall be fined not more than five hundred dollars or be confined in 
jail not more than one year, or both fined and imprisoned; and in 
addition thereto shall forfeit his office. Whenever any court of com- 
petent jurisdiction by mandamus, injunction or other judicial pro- 
ceeding shall determine that any officer or person has wilfully violated 
any of the provisions of this section, it shall enter an order declaring 
the office of such officer or person forfeited. 

Duty of State Tax Commissioner and Attorney General. 

Sec. 26. The state tax commissioner shall prepare forms and in- 
structions for making up the statement named in section twenty-one 
of the condition of the fiscal affairs, which forms and instructions 
shall be followed so far as they are consistent with law. The attorney 
general shall prepare forms and instructions for the holding of any 
election provided by this act, which forms and instructions shall be 
followed. 

Additional Term — Special Election. 

Sec. 27. The board of education of any district or independent 
district may at their first meeting held on the first Monday in July 
extend the term of six months school herein provided for, or they 
shall upon the petition of fifty taxpayers of their district, submit the 
question of having more than six months school to the voters of their 
district at any general election, or at a special election to be held in 
such district at such time as said petitioners may designate. If such 
question is to be submitted at a general election the board of educa- 



School Law of West Virginia. 25 

tion shall notify the ballot commissioners who shall thereupon have 

printed on the ballots used at such general election "For 

months school" and "Against '■ months school", and if at 

a special election, the secretary of the board of education shall post 
notices of such special election at all the voting places in the district 
for at least twenty days before the day on which said election is to be 
held. The ballots used at said election shall have written or printed 

thereon the words "For months school/' and "Against 

months school." If a majority of the votes cast at any 

such election shall be in favor of more than six months school, or 
if the board of education shall determine, without such election, to 
have more than six months school they shall provide for such 
additional months of school for their district, for the ensuing two 
years. 

Teachers' Salaries. 

Sec. 27-J. The boards of education of the several districts shall 
at their first meeting for each school year on the first Monday in 
July determine the number of teachers that may be employed in the 
several sub-districts, and fix the salaries that shall be paid to the 
teachers. In determining the salaries they shall have regard to the 
grade of teachers certificates fixing to each grade the salary that shall 
be paid to teachers of said grade in the several sub-districts as fol- 
lows : Teachers having certificates of the grade of number one, 
shall be paid not less than forty dollars per month; those holding 
certificates of the grade of number two, not less than thirty-five dol- 
lars per month; and those holding certificates of the grade of number 
three, not less than thirty dollars per mouth. And the trustees of the 
several sub-districts shall in no case transcend or diminish the salaries 
so fixed in any contract they may make with teachers. 

Graded Schools. 

Sec. 28. In any district in which there is a town, village or 
densely populated neighborhood having tyvo or more schools in the 
same building, the board of education may establish a graded school 
therein and in addition to the graded school herein provided for, in 
a town or village having four or more schools in the same building, 
a high school may be established, which shall be open to all pupils 
of sufficient attainment in the magisterial district in which the school 
is located : provided, the levy necessary to support said school and all 



26 School Law of West Virginia. 

other schools of the district shall not exceed twenty-five cents on the 
one hundred dollars valuation for the teachers' fund, and fifteen cents 
on the one hundred dollars valuation for building fund. The board 
of education shall have charge of such graded and high schools. If 
within ten days after the board of education has laid the levies 
hereinbefore required, a majority of the taxpayers of the sub-districts 
in which any such graded school is located, file with the secretary of 
the board of education their petition praying for an extension of the 
term of such graded school for a given number of months for the 
ensuing year, said board of education shall extend the term of said 
graded school for the number of months prayed for, and shall provide 
for such additional expense necessarily incurred in carrying on said 
school for such extended term by special levy not exceeding the rate 
of five cents on the hundred dollars valuation of the taxable property 
of such sub-district, and the proceeds of such levy shall be known 
as sub-district teachers' fund, and shall be collected, reported and 
accounted for as provided for the proceeds of other school levies. 

A deli tion al Set lary . 

Sec. 29. The board of education of any district or independent 
district may pay the teachers of their district such salaries in 
addition to the minimum salary fixed by law, as hereinbefore provided, 
as they may see proper, having regard to the grade of the teachers' 
certificate ; and where they establish a high or graded school employing 
two or more teachers the board may fix a higher grade of salary to be 
paid the teachers of any such high or graded school, and grade their 
salaries according to the conditions existing in such schools. 

District High School. 

Sec. 30. If the board of education of any district deem it ex- 
pedient to establish a high school in such district they shall submit 
the question to the voters of the district on the third Tuesday in 
May of any year in the manner following, that is to say : The board 
shall prepare and sign a notice setting forth the kind of school 
proposed; the place where it is to be located; the estimated expense 
of establishing the same, including cost of site, building, furniture, 
books and apparatus and the estimated annual expense of supporting 
the school after it is in operation with such other information con- 
cerning it as they may deem proper; and stating that the question 
of authorizing the establishment of such high school shall be sub- 



School Law op West Vieginia. 27 

mitted to the voters of the district at the election specified in the 
notice which the}' shall cause to be posted for four weeks before the 
election in at least three of the most public places in the district. 

The ballots used in voting on the question shall have written or 
printed thereon the words "For district high school," and "Against 
district high school." If it appear by the result of said election that 
not less than three-fifths of the voters who voted on the question are 
in favor of authorizing the establishment of said school the board of 
education shall then proceed to obtain the site, provide proper build- 
ings, fixtures and improvements, procure necessary furniture, books 
and apparatus and employ necessary teachers therefor. 

High School to be Discontinued. 

Sec. 31. Any district high school shall be discontinued at the end 
of any year upon the petition in writing of at least seventy-five per 
cent, of the taxpayers of the district. 

Meetings — Quorum. 

Sec. 32. The boards of education of the several districts may 
hold their meetings on the first Monday of each month during the 
school term and at such other times as they may determine, but no 
business shall be transacted at a special meeting except such as may 
be designated in the call therefor of which all the members have 
notice. A quorum of the board shall consist of a majority of the 
members thereof, and they shall do no official business except when 
assembled as a board. 

Compensation. 

Sec. 33. The members of the board of education of each district 
shall each receive as compensation for their services the sum of two 
dollars per day to be paid out of the building fund of the district on 
the order of the county superintendent : provided that no commissioner 
shall receive pay for more than ten days, and no president for more 
than fifteen days in one year, one day of which shall be spent by each 
of them in attending a county teachers' institute held in his county. 

Kindergartens. 

Sec. 34. The board of education of any district or independent 
district in which there is a city, town or village, of one thousand 



28 School Law of West Virginia. 

population or more, may establish in connection with the schools of 
such district a kindergarten, to which may be admitted children be- 
tween the ages of four and six years, under such regulations as may 
be prescribed by law for the admission of youth to the other schools 
of sueh district. 

No person may be employed as a teacher in such kindergarten 
unless she holds a diploma from a kindergarten college, or, in ad- 
dition to holding such a certificate as is required of other persons em- 
ployed as teachers in the schools of this state, be duly examined in 
kindergarten methods and theories, in such manner as the board of 
education may prescribe. 

Free Text Books. 

Sec. 35. The board of education of any district or independent 
district may purchase the necessary text-books prescribed to be used 
in the free schools under their control and furnish the same free to 
the pupils of said schools. If the board of education determines to 
purchase and furnish such free text-books, they shall enter an order 
to that effect upon the records, and shall cause said books to be 
purchased and- kept in charge by the secretary and furnished to the 
pupils of the free schools of their district as hereinafter provided. 

Teachers to Distribute. 

Sec. 36. At the commencement of every term of the free schools 
in such district the secretary shall deliver to the teachers thereof such 
books as may be necessary for the use of the several pupils therein 
for the ensuing term of school and take from them receipts showing 
the number and kind of books so received. It shall be the duty of such 
teachers to take charge of such books and to distribute them among 
the pupils of their schools as needed, and said teachers shall have and 
exercise general control over said books during such term and at the 
close thereof and before they receive an order for salary for the last 
month of such term shall collect and gather together all the books so 
used during the term and deliver them to the secretary of the board 
of education : provided, that if any of the books delivered to any 
pupil of such district shall be unnecessarily injured or destroyed they 
shall be replaced by the pupil who injured or destroyed them. All 
such books shall be purchased by the board of education directly from 
the publisher, contracted with as prescribed by law and at the net 
wholes'ale price. 



School Law of West Vieginia. 29 

Boohs for Library. 

Sec. 37. The board, of education of any district may purchase 
books for school libraries. But not more than ten dollars shall be 
expended in any year for this purpose for any school, . and books so 
purchased must be selected from the list and in the order, and of the 
edition recommended by the state superintendent of free schools. 

Librarian. 

Sec. 38. The trustees of any sub-district where there is a school 
library containing two hundred volumes may upon the petition in 
writing of at least half of the taxpayers of the sub-district employ a 
responsible person to care for such school library during the time 
school is not in session and to open the said library for part of one 
day in each week at which time the patrons and pupils of such sub- 
district may draw out books under such rules and regulations for the 
care and return thereof as the said trustees may prescribe. For his 
services the said librarian shall be paid five dollars per } 7 ear, out of 
the building fund, by order of the board of education. 

Bonds — Election. 

Sec. 39. In any district or independent district wherein there is a 
town or city with an enumeration of youth of scbool age of three 
hundred or over, the board of education may borrow money and issue 
bonds therefor for the purpose of building, completing, enlarging, 
repairing or furnishing school houses, in such town or city. Said 
bonds shall be payable in not less than ten or more than thirty-four 
years from their date, and the rate of interest thereon shall not 
exceed six per centum per annum : 'provided, that no debt shall be 
contracted under this section which shall, including existing indebted- 
ness, in the aggregate, exceed two and one-half per centum on the 
value of the taxable property in said district, to be ascertained by tke 
last assessment for state and county taxes previous to the incurring 
of such indebtedness, nor without at the same time providing for the 
collection of a direct annual tax sufficient to pay annually the interest 
on said debt, and the principal thereof, within and not exceeding 
thirty-four years: and, provided, further, that no debt shall be con- 
tracted under this section unless all questions connected with the 
same have been first submitted to a vote of the people of said district 
at a special or general election, and have received three-fifths of all 
the votes cast for and against the same. 



30 School Law of West Virginia. 

THE GENEEAL SCHOOL FUND. 

Sec. -10. The proceeds of the capitation. . tax, the income of the 
school fund, the net proceeds of all forfeitures and fines which accrue 
to the state during the previous year and all money arising from the 
sources named in section four of article twelve of the constitution 
heretofore going to the "school fund", but as now amended going to 
"the general school fund", and all funds from any sources paid into 
the treasury for school purposes and not otherwise appropriated, shall 
be set apart for the support of free schools, as a separate fund to be 
called "the general school fund" and shall be annually apportioned 
and distributed to the several counties of the state in proportion to 
the number of youth of school age according to the latest enumeration 
for school purposes, to be applied to the support of free schools 
throughout the state, and to no other purpose whatever, except that 
the auditor shall in ascertaining the amount to be apportioned and 
distributed to the several counties first deduct the aggregate salary of 
the state superintendent of free schools, his necessary traveling ex- 
penses not to exceed five hundred dollars, the contingent expenses of 
his office, the salaries of the county superintendents, the supple- 
mentary fund provided for in section twenty-one and other expendi- 
tures required by law to be paid out of the general school fund: .pro- 
vided, that if the amount of the general school fund in any year is 
less than seven hundred and fifty thousand dollars the board of 
public works shall transfer thereto from the state fund an amount 
necessary to make the general school fund at least seven hundred and 
fifty thousand dollars; and if in the' judgment of said board the 
condition of the state fund will justify it, such transfer may be 
sufficient to make the general school fund one million dollars. 

Auditor to Report. 

Sec. 41. It shall be the duty of the auditor, on or before the tenth 
day of June, in each year, to ascertain the amount of the general 
6chool fund which is distributable among the several counties as 
aforesaid, and notify the state superintendent of free schools thereof, 
who shall thereupon ascertain the proper share of each county and 
notify the auditor and each county superintendent of said apportion- 
ment. 

Apportionment of General School Fund. 

Sec. 42. Upon receiving such notice, the county superintendent 
shall ascertain the proper share of each district, and independent 



School Law of West Virginia. 31 

school district, of his county, according to the number of youth 
enumerated therein, and give notice to the board of education of each 
district, and independent school district, in the county, of the amount 
of the general school fund due each respectively, and that the same 
cannot be drawn by them until they have made the levy required by 
section twenty-one of this chapter. 

Requisition for the General School Fund. 

Sec. 43. When the board of education has laid the levy for the 
teachers' fund the county superintendent shall issue his requisition 
on the auditor, payable to the order of the sheriff of his county, for 
the amount due, which shall be paid in two equal installments, pay- 
able on the fifteenth of September and December, respectively. 

Delinquent Lists. 

Sec. 44. The delinquent lists for the county and district scnool 
levies shall be returned and all other proceedings had in relation 
thereto as provided by law for other delinquent taxes. 

SECRETARY. 

Duties. 

Sec. 45. The board of education at their first meeting, which shall 
be held on the first Monday in July of each year, shall appoint a 
secretary who shall not be a member of the board, and who shall, be- 
fore entering upon the discharge of his duties, take the oath pre- 
scribed by law, and shall attend all meetings of the board, and record 
their official proceedings in a book kept for that purpose, which record 
shall be attested by his signature and the signature of the president 
of the board, and which shall at all reasonable times be open to the 
inspection of any person interested therein ; he shall have the care and 
custody of all papers belonging to the board, including evidences of 
title, contracts and obligations, and preserve the same in his office 
properly arranged for reference; and shall record and keep on file in 
his office such papers and documents pertaining to the business of 
the board, and keep such accounts and prepare and certify such re- 
ports and writings, as the law may require or the board direct, all 
of which records, papers, contracts, documents and other property 
pertaining to his office shall be immediately delivered in proper con- 
dition to his successor in office. 



32 School Law of West Virginia. 

Abstract of Proceedings. 

Sec. 46. The secretary of the board of education of each district 
shall, within three days after each meeting of the board of education, 
post an abstract of the proceedings thereof at the front door of the 
place of meeting, and within ten days after the annual settlement with 
the sheriff the secretary of the board of education of each district 
and independent district shall post at the same place an itemized 
statement, duly sworn to by the president and the secretary of said 
board, showing all disbursements by said president and secretary by. 
orders on the sheriff, or otherwise, within the school year last pre- 
ceding, from the teachers' fund, the building fund, and any other 
fund from which disbursements are made, setting forth the name of 
the person to whom and the purpose for which each order was issued. 

Administer Oaths. 

Sec. 47. The secretary shall have authority to administer oaths to 
school officers and to teachers or others reporting enumeration. 

Assessor's Certificate. 

Sec. 48. The assessor shall make out and deliver to the secretary 
of the board of education of each district and independent district 
in his county on or before the second Tuesday in August in each 
year, a certificate showing the aggregate value of all personal property 
and real estate in such district or independent district, and to the 
county superintendent of free schools a certificate of the aggregate 
value of such property in the county, which certificates shall serve 
as the basis for the school levies for the ensuing year. 

Report Rate of Levy. 

Sec. 49. Within three days after the board of education has laid 
the levy for the building fund and the teachers' fund, it shall be the 
duty of the secretary to report the rate thereof to the county super- 
intendent and the proper assessor, and within three days thereafter 
it shall be the duty of the county superintendent to report the ''rate 
of levy for the various funds to the clerk of the county court and the 
assessor and. the rate of levy for all funds, and the total value of real 
and personal property in each district ' and independent district to 
the state superintendent and the auditor; and it shall thereupon be 
the duty of the proper county officer to extend on the personal 



School Law of West Virginia. 33 

property book and on the land book the amount of taxes levied as 
aforesaid, in separate columns, headed respectively teachers' fund, and 
building fund, which taxes the sheriff shall collect and account for as 
required by law. • x 

Penalty. 

Sec. 50. Any assessor, clerk of the county court, secretary of a 
board of education, or county superintendent who fails to perform the 
duties required of him by sections forty-eight and forty-nine of this 
chapter, shall be guilty of a misdemeanor and upon conviction thereof 
be fined twenty dollars. 

Report. 

Sec. 51. Erom the reports of trustees, the teachers' registers, the 
annual settlement with the sheriff, and from such other authentic 
information as he may be able to obtain, the secretary shall make a 
tabular report to the county superintendent on or before the 
twentieth day of July annually, showing all the statistics and other 
facts required in the blanks furnished by the state superintendent, 
with such explanations and remarks as he may deem pertinent. 

Salary. 

Sec. 52. The secretary of the board of education of each district 
shall receive for his services in districts with fewer than fifteen 
schools, twenty dollars; and in districts with fifteen and fewer than 
twenty-five schools, thirty-five dollars, and in districts with more 
than twenty-five schools, fifty dollars. In addition thereto he shall 
receive the sum of ten dollars for the report required in section fifty- 
one, both amounts to be paid out of the building fund of his district 
on the order of the county superintendent of free schools; but said 
order shall not be issued until the secretary has made a correct and 
complete report within the time required by law. 

TRUSTEES. 

Appointment — Term — Oath. 

See. 53. The board of education shall at the first meeting to be 
held on the first Monday of July, nineteen hundred and eight, 
appoint three intelligent and discreet persons trustees for each sub- 
district in their district, who shall hold their office, one for one year, 



34 School Law op West Vikginia. 

one for two years, and one for three years respectively; and annually 
thereafter appoint one trustee for said sub-district who shall hold his 
office for a term of three years, and every trustee so appointed under 
this section shall be immediately notified of his appointment, and shall 
within ten days after receiving such notification, qualify as such by 
taking and subscribing to the oath of office prescribed by law. 

i Quorum. 

Sec. 53^. No one trustee shall, by himself, have any power to 
perform any duty required by law of the trustees, who shall meet at 
a time and place fixed by two of their number, the other having had 
reasonable notice of such meeting, and two of the trustees shall 
constitute a quorum, and they shall keep a record of their acts and 
proceedings in a book to be furnished them by the board of educa- 
tion for that purpose, such book to be turned over by them to their 
successors in office. 

May be Removed. 

Sec. 54. Any trustee may, for good cause shown, be removed from 
office by the board of education upon five days' notice in writing, of 
the cause alleged for his removal, and of the time and place the 
board will take action thereon. 

Vacancy in Office. 

Sec. 55. Vacancies in the office of school trustee shall be filled by 
the board of education for the unexpired term. 

Appoint Teachers. 

Sec. 56. The trustees of every sub-district shall have charge of 
the schools therein and shall on the third Monday in July of every 
year, or as soon thereafter as practicable, appoint at the school house 
of their sub-district, a teacher or teachers, for the ensuing term of such 
school, who shall hold a valid teachers' certificate, and such appoint- 
ment shall be in writing according to the form of contract furnished 
by the state superintendent of free schools, which contract shall be 
at the rate fixed for the grade of certificate held by such teacher and 
shall be -filed with the secretary of the board before the beginning of 
the term for which the teacher is employed. 



School Law of West Virginia. 35 

File Duplicate. 

Sec. 57. IS r o person shall be employed to teach in a free school in 
this state until he has presented to the trustees or board having 
•charge thereof, a certificate in duplicate of his qualifications which 
duplicate shall be filed until the close of the school term with the 
•secretary of the board of education of the district wherein said 
school is situated, and so endorsed on the original by the secretary, 
and no salary shall be paid to any teacher unless such duplicate be 
•so filed. 

Appointment of Certain Persons Prohibited. 

Sec. 58. No trustee shall contract with or appoint as teacher of 
his school himself, his wife, father, son, son-in-law, grandson, brother, 
brother-in-law, daughter, daughter-in-law, granddaughter, sister, sis- 
ter-in-law, aunt, uncle, niece, nephew, or first cousin by blood. If 
any trustees appoint any person so related to any two of the trustees 
as teacher of their school, the board of education may declare such 
■contract void. Any teacher may be removed by the board of educa- 
tion for incompetency, neglect of duty, intemperance, profanity, 
•cruelty or immorality, and any teacher so removed shall not receive 
any salary for the unexpired term. 

Holidays. 

Sec. 59. In contracts with teachers it shall be understood that 
school is not to be kept in operation for instruction on Saturday or 
any holiday, but if a holiday fall upon a day which otherwise would 
be a school day, and on a day immediately preceding or immediately 
following a day on which school is taught, it shall be counted as 
though taught. 

Visit Schools. 

Sec. 60. The trustees shall visit every school under their charge 
within two weeks after the opening, and again within two weeks 
before the close thereof, and at such other times as it may be neces- 
sary or useful. During such visits they shall inspect the register of 
the teacher and see whether it has been properly kept, and ascertain 
whether the pupils are supplied with books and other things required 
for their studies; whether the. school house and grounds, closets, and 



36 School Law of West Virginia. 

other outbuildings, furniture, apparatus and library are kept in good 
order; whether anything injurious to health is suffered to remain 
about the house or grounds; and whether the school house is well 
ventilated and kept clean and comfortable; and where necessary they 
shall provide and promptly apply the proper remedy. They shall 
also, during such visits make such examination as they may deem 
pertinent respecting the studies, discipline and general condition of 
the school and the conduct and proficiency of the pupils, and give 
such directions or make such suggestions to the teacher, as, in their 
opinion, will promote the interests of the school, and the health, 
morals and progress of the pupils. 

Purchase Supplies. 

Sec. 61. The trustees shall cause the school house under their 
charge and everything pertaining thereto to be kept in good order, 
and to this end may purchase fuel, water-buckets, brooms, coal-hods, 
shovels, pokers, stove-pipe, crayons, erasers, dippers and wash-basins 
for use in the school room, and make such repairs to windows, doors, 
benches, desks., floors, walls, ceilings and roofs as may be necesary 
to make the house comfortable. The trustees shall also see that the 
school house is swept and that fires, when necessan r , are made and 
kept therein by the teacher, if the teacher so desire, for which sweep- 
ing and fire building the teacher or other person doing the work 
shall be allowed fifty cents per week, payable at the end of the term 
upon a proper certificate from the trustees, out of the building fund 
of the district. 

May Allow School Houses Used. 

Sec. 62. The trustees may allow the school house in their charge 
to be used for holding religious, political, or literary meetings and 
Sunday school and such other meetings as may be considered benefi- 
cial to the public generally, under such regulations for the care and 
cleaning thereof as they may prescribe: provided, that such meetings 
shall not interfere with the public schools. 

Make Estimates of Improvements. 

Sec. 63. The trustees shall furnish the board of education at the 
end of the school year estimates of all improvements and repairs 
necessary for the preservation of buildings, grounds and furniture 



School Law of West Vikginia. 37 

under their charge; also a report of the condition of the school 
house, and the value and kind of apparatus, the number of volumes in 
the school library and their value, with such explanations and addi- 
tional information as they may deem useful, or as the blanks fur- 
nished by the state superintendent may require. 

Report of Expenses. 

Sec. 64. The trustees shall keep an exact account by items of all 
necessary expenses incurred by them in the performance of their 
duties,- which they shall file with the secretary of the board of educa- 
tion at or before the last meeting for the current school year. If the 
board find the account correct, they shall pay the various items 
thereof, out of the building fund of the district by orders on the 
sheriff, but if found incorrect, the secretary shall return it for cor- 
rection. 

Under Supervision of Board of Education. 

Sec. 65. The trustees of each sub-district shall be under the super- 
vision and control of the board of education, and in all cases their 
actions shall be subject to revision and correction by the board of 
education, upon the complaint in writing of any three taxpayers of 
the sub-district. 

Transfer of Pupils — Tuition. 

Sec. 66. Whenever any person authorized to attend school is so 
situated as to be better accommodated at the free school of an adjoin- 
ing sub-district or independent district, whether in the same or in 
an adjoining district or county, or whenever it may be necessary to 
establish a school composed of pupils from parts of two or more sub- 
districts in adjoining districts, whether in the same or different 
•counties, it shall be the duty of the trustees of the sub-district in. 
which such pupil lives to transfer him for school purposes to the 
•sub-district in which such school house is situated for the same period 
that the schools of the district from which the transfer is made are 
in session, subject, however, to the approval of the trustees of the 
sub-district Or the board of education of the independent district, to 
which such pupil is transferred; but the enumeration of youth shall 
'be taken in each sub-district as if no transfer had been made. 



38 School Law of West Vikginia. 

Divide Expenses. 

Sec. 67. But in all cases of transfer of pupils from one district 
to another the board of education of the district from which the 
transfer is made shall pay to the board of education of the district 
in which the school is carried on such proportion of the cost of 
teachers of said school as the pupils so transferred bear to the whole 
number of pupils taught in such school. 

Consolidation of Schools. 

Sec. 68. Boards of education may, upon the petition in writing 
of seventy-five per cent, of the voters of the sub-district affected,, 
abolish any sub-district and consolidate the school or schools therein 
with the school or schools of one or more other sub-districts, and 
provide for the conveyance of pupils to and from school at public 
expense under such rules and regulations as they may prescribe. 

Contracts for the conveyance of pupils shall be let to the lowest 
responsible bidder, and all expenses thereof shall be paid out of the 
building fund of the district. 

Who May Attend School. 

Sec. 69. The following persons when residing in a sub-district or 
independent district with intent to make such district their home, 
shall have the right to attend the free schools, thereof, and to receive- 
instruction therein; that is to say, every youth between the age of 
six and twenty-one years, and any other person, with the consent 
of the trustees or the board of education, as the case may be, and 
upon the payment of tuition fees not to exceed two dollars and fifty 
cents per pupil per month, and upon such other terms as the trustees 
or the board of education may prescribe. Said tuition fees shall be 
paid in advance to the sheriff, who shall give his receipt therefor and 1 
place the amount to the credit of the teachers' fund of said district. 

Colored Pupils. 

Sec. 70. White and colored pupils shall not be taught in the same 
school, or the same building, but it shall be the duty of the board of 
education to establish one free school, or more if necessary, in any 
sub-district wherein there are ten or more colored persons of school 
age and; if possible, in any district wherein there are fewer than ten. 
For the purpose of carrying out this section the board of education 



School Law of West Vikginia. 39 

may establish schools composed of pupils from adjacent districts in 
the manner provided in section eighteen for white pupils. 

Division of Funds — Mandamus. 

Sec. 71. Whenever, in any school district, the benefit of a free 
school education is not secured to the colored children residing 
therein in the manner mentioned in the preceding section, the fund 
applicable to the support of free schools in such district shall be 
divided by the board of education in the proportion which the num- 
ber of colored children bears to the number of white children therein, 
according to the last enumeration made for school purposes, and the 
share of the former shall be set apart for the education of colored 
persons of school age in such district, and be applied for that purpose 
from time to time in such way as the board of education may deem 
best. Any board of education failing to comply with this section 
may be compelled to do so by mandamus. 

COMPULSOKY ATTENDANCE. 

Age — Time — Misdemeanor. 

Sec. 72. Every person having under his control a child between 
the age of eight and fifteen years shall cause such child to attend 
some free school for a period of twenty-four weeks, yearly, beginning 
with the opening of the school term. For every neglect of such duty, 
the person offending shall be guilty of a misdemeanor, and shall upon 
conviction thereof, before any justice, who is hereby authorized to 
try and determine such cases, be fined two dollars for the first 
offence, and five dollars for each subsequent offence, which fine shall 
be paid into the building fund of the district in which said offence 
occurred. 

An offence as understood herein shall consist in the failure of 
such persons for two days in any week to cause such child to attend 
school, except in cases of sickness or death in the pupil's family, or 
other reasonable cause, or unless the pupil be thoroughly and sys- 
tematically instructed for a like period of time elsewhere : provided, 
there be a school in session within two miles of the pupil's home, by 
the nearest traveled road. 

Truant Officer. 

Sec. 73. The board of education of every district or independent 



40 School Law of West Virginia. 

district at its first annual meeting, or as soon thereafter as practic- 
able, shall appoint one or more truant officers whose duty it shall be 
to enforce the provisions hereof. Each officer so appointed shall use 
due diligence to ascertain any violation of this law, and when from 
personal knowledge or by report or complaint from any resident or 
teacher of the district under his supervision he believes that any 
child subject to the provisions hereof has been absent from school for 
two days he shall immediately give .written notice to the parent, 
guardian or custodian of such child that the attendance of such 
child at school is required, and if such parent, guardian or custodian 
of said child does not comply with the provisions of this section at 
once, then such truant officer shall make complaint against such 
parent, guardian or custodian before the nearest justice of the peace : 
provided, that for subsequent offences in any one year no such notice 
shall be required. 

Employer — Misdemeanor. 

Sec. 74. Any person who induces or attempts to induce any such 
child unlawfully to absent himself from school, or who harbors or em- 
ploys any such child unlawfully absent from school while the school in 
the district in which such child lives is in session, shall be guilty of 
a misdemeanor, and upon conviction thereof shall be punished by a 
fine of twenty-five dollars, and may be imprisoned ten days. 

Duty of Teachers. 

Sec. 75. Teachers in ungraded schools and principals and super- 
intendents in graded and high -schools shall report to truant officers 
all cases of violation hereof in their sub-districts or independent 
districts, and shall furnish all reports and information necessary to 
the proper hearing of any case before a justice of the peace and all 
such teachers, principals and superintendents shall assist truant 
officers in every reasonable way in carrying out the provisions hereof. 

Fines. 

Sec. 76. All fines collected under the four preceding sections 
shall at once be paid over by the justice to the sheriff, and by him 
credited to the building fund of the proper district ; and every truant 
officer shall make to the secretary of the board of education and to 
the sheriff an itemized statement on the last day of each month of all 
fines imposed hereunder. 



School Law of West Virginia. 41 

Compensation of Truant Officers. 

Sec. 77. Said truant officers shall be paid monthly at the rate of 
two dollars per day for the time actually spent in the discharge of 
their duties as such officers, but in no case shall payment for any 
month's services be made until the truant officer has filed with the 
secretary of the board of education the statement required in the 
preceding section, together with a sworn statement of the number 
of truancy cases investigated and the time actually employed in such 
duties. When the truant officer has faithfully performed his duties 
and filed the statement required, the board of education, if satisfied 
that the same are just and correct, shall issue and deliver to him an 
order on the sheriff for the amount of his account, payable out of 
the building fund of the district. 

SUBJECTS TAUGHT. 

Sec. 78. In the free schools there shall be taught reading, orthog- 
raphy, penmanship, arithmetic, English grammar and language, 
United States history, state history, general and state geography, 
civil government, general history, book-keeping, elementary agricul- 
ture, and physiology and hygiene, and in connection therewith the 
nature of alcoholic drinks and narcotics, with special instruction as 
to their effect upon the human system, and in addition thereto in 
graded and high schools such other subjects as may be required in 
the course of study prescribed by the state board of education. 

STATE SUPEEINTENDENT TO PEEPAEE MANUAL. 

Sec. 79. It shall be the duty of the state superintendent of free 
schools to prepare and distribute a manual containing the courses of 
study prescribed by the committee on course of study and such other 
matter as may seem necessary to enable teachers to carry out the said 
courses of study, and his further duty to see that the teachers in all 
the various schools follow the course of study so precribed; he shall 
also provide for the examination and graduation of pupils who 
satisfactorily complete the said course of study, and shall issue diplo- 
mas thereto. 

EXAMINATION" OF TEACHEES. 

Time and Place. 

Sec. 80. The general regulation, direction and control of all 
matters relating to the examination of applicants for teachers' cer- 



42 School Law of West Virginia. 

tifieates, including the preparation of questions, the grading of man- 
uscripts, the granting and the issuing of certificates, and all other < 
powers necessary for the proper examination of applicants for 
teachers' certificates shall hereafter be vested in the state superin- 
tendent of free schools, who shall designate the time for holding such 
examination simultaneously in ail the counties of the state, at such 
places and in such buildings as the county superintendent shall 
designate, subject to the approval of the state superintendent. 

Expenses. 

Sec. 81. For the preparation and printing of questions, the grad- 
ing of manuscripts, the transmission of certificates and the additional 
clerical work demanded, the state superintendent of free schools shall 
be allowed an amount not to exceed five thousand dollars annually, 
which sum is hereby appropriated and set apart from the general 
school fund for this purpose. 

Branches in which Examined. 

Sec. 82. Applicants for teachers' certificates shall be required to 
pass an examination in orthography, reading, penmanship, arith- 
metic, English grammar and language, physiology and hygiene, 
United States history, state history, geography, civil government, 
and the theory and art of teaching; and applicants for certificates 
good in graded schools or high schools shall in addition to the fore- 
going be required to pass examinations in general history and single 
entry book-keeping. Applicants for high school and primary teach- 
ers' certificates shall pass an examination in such branches as the 
state board of education may prescribe. 

Transmitting questions and manuscripts. 

Sec. 83. The state superintendent of free schools shall prepare and 
transmit questions for said examination to the county superintend- 
ent of each county, securely sealed, and the county superintendent 
shall break the seal and open the package of questions and seal all 
packages of manuscripts, in the presence of his assistant and the 
assembled applicants, and shall conduct such examination in the 
manner prescribed by the state superintendent. At the conclusion 
of the examination, the county superintendent shall forward to the 
state superintendent, properly sealed, all manuscripts submitted, in 
accordance with full instructions to be furnished by the state super- 



School Law of West Vieginia. 43 

intendent, together with such information, statements or affidavits 
as the state superintendent may require. But no applicant known to 
be of immoral character, or to he addicted to drunkenness, or to be 
under the age of seventeen years at the time of the examination shall 
be admitted to said examination. 

Grades of Certificates. 

Sec. 84. Within a reasonable time after the receipt of the fore- 
going manuscripts, from the county superintendent, it shall be the 
duty of the state superintendent and his assistants who shall be 
actively engaged in school work, to examine and grade them, and to 
issue certificates in duplicate based thereon, which shall show the 
grade or proficiency of the applicant in each branch in which he is 
examined, which certificates shall be of three grades based upon the 
following scale : 

First grade certificates shall be issued to all applicants who attain 
a general average of ninety on a scale of one hundred, and not lower 
than seventy-five on any one branch; second grade certificates shall 
be issued to all applicants who attain a general average of eighty, and 
not lower than sixty-eight on any one branch; third grade certifi- 
cates shall be issued to all applicants who attain a general average of 
seventy and not lower than sixty on any one branch. But no certifi- 
cate shall be granted to an applicant until the state superintendent 
is satisfied as to the identity of that applicant. 

Certificates to he Signed. 

Sec. 85. All certificates so issued, shall be signed by the state 
.superintendent and forwarded by him to the proper county superin- 
tendent who shall countersign them and deliver them to the persons 
entitled thereto. 

Where Valid — How Revoked. 

Sec. 86. Such certificates, unless revoked as provided for in this 
section, shall be valid in any district or independent district in the 
state except in independent districts specially authorized by law to 
provide for the examination and certification of the teachers employed 
therein, in which independent districts they may be made valid by 
the action of the board of education thereof. 

The state superintendent may after ten days' notice and upon 



44 School Law of West Virginia. 

proper evidence revoke the certificate of any teacher for drunken- 
ness, immorality or untruthfulness, or for any other cause which 
would have - justified the withholding thereof when the same waa 
granted. 

Duration of Certificates. 

Sec. 87. First grade certificates shall be valid for a period of five 
years and shall be renewable once for a like period upon payment of 
;a fee of two dollars: provided, the holder thereof shall have taught 
successfully one year thereon; or has served as county superintend- 
ent of schools for any period of time while said certificate was in 
force; second grade certificates shall be valid for a period of three 
years and third grade certificates for a period of one year, and such 
third grade certificates shall not be issued to the same applicant 
more than two years in succession: provided, that not more than 
one certificate of the same grade shall be issued to an applicant in a 
school year, but applicants taking more than one examination in the 
same year shall receive a statement showing what percentage they 
made in the different branches at each examination. The state super- 
intendent and each county superintendent shall keep a register of all 
certificates granted, stating the character and grade of each and the 
date of issue thereof, and the state superintendent and each county 
superintendent, upon vacating his office, shall turn over said register 
to his successor. 

Misdemeanor. 

Sec. 88. If any county superintendent intentionalty change the 
-examination prescribed by the state superintendent or commit any. 
fraud with intent to assist or hinder any person in securing a certi- 
ficate, he shall be guilty of a misdemeanor and upon conviction 
thereof he shall be fined not less than twenty-five and not more than 
two hundred dollars and confined in jail not less than sixty days nor 
more than one year and such conviction shall vacate his office. If 
any person tamper with the questions or have them in his or her 
possession without authority of law, before the examination, or 
tamper with the manuscripts after the examination, or attempt to 
pass any such examination under any assumed name or name of any 
other person he shall be guilty of a misdemeanor and upon conviction 
thereof be fined twenty-five dollars and confined in jail not less than 
ten days. 



School Law of West Virginia. 45- 

Report of Immorality or Neglect of Duty. 

Sec. 89. Any county superintendent who knows of any immoral- 
ity or neglect of duty on the part of any person holding a certificate 
shall report the same, together with all the facts and evidence to the 
state superintendent for such action as in his judgment may be 
proper. 

Assistants. 

Sec. 90. The county superintendents shall conduct all examina- 
tions as directed by the state superintendent, but when in any examina- 
tion there are fewer than thirty applicants the county superintendent 
shall appoint one assistant, and if more than thirty applicants, two 
assistants, who shall each receive six dollar for the two days spent in 
helping to conduct such examination. But nothing herein contained 
shall prevent the state superintendent from sending a competent 
person to oversee such examination if he deem it .expedient. 

Fe es — Expenses. 

Sec. 91. The county superintendent shall collect from each appli- 
cant a fee of two dollars and out of the aggregate of all fees so col- 
lected he shall pay his assistants and other legitimate expenses of 
conducting such examination, and the remainder he shall immediately 
pay to the auditor of the state to be placed to the credit of the gen- 
eral school fund of the state. At the close of the examinations he 
shall make and return to the state superintendent of free schools a 
detailed and certified report of the names of all applicants for certif- 
icates, the amount of fees collected by him, the amount paid out 
as above provided for expenses, and the amount paid the auditor, 
and shall send with said report receipts for all money paid for 
expenses. 

Graduates. 

Sec. 92. The state superintendent of free schools shall issue first 
grade certificates in duplicate, upon application in due form, to 
graduates of the West Virginia University, who have taken at least 
six courses in education and to graduates in thei normal departments 
of the State Normal School and its branches, and to the graduates of 
the normal department of the West Virginia Colored Institute. 



46 School Law of West Virginia. 

Primary Teachers' Certificates. 

Sec. 93. In addition to the certificates above provided for there 
shall also be issued primary teachers' certificates which shall be valid 
throughout the state for teachers of the lowest grade in town or city 
■schools having four or five teachers; for teachers in the first and 
second grades of town or city schools having six or seven or eight 
teachers; and for teachers in the first, second and third grades hav- 
ing more than eight teachers, and which shall be granted as herein 
provided for the regular certificates with the exception that the 
branches upon which applicants shall be examined during the year 
shall be selected and announced by the state superintendent of free 
schools at least sixty days before the examination held for said 
certificate, but no applicant may receive a primary teachers' certifi- 
cate until the said applicant has taught at least two years on a .first 
•or second grade certificate. 

High School Teachers' ' / Certificates. 

Sec. 94. High school teachers' certificates valid throughout tbe 
state and required for teachers in high schools shall be granted at 
the same time and under the same regulations as provided for grant- 
ing other certificates with the exception that the branches or subjects 
upon which applicants shall be examined shall be selected and pub- 
lished in the manner provided for examinations for primary teachers' 
certificates. Such certificates shall be renewed as other certificates 
except that 'the additional subjects for examination may be selected 
from a list of additional subjects prescribed by the committee on 
•course of study. 

Grade of Certain Certificates. 

Sec. 95. In the payment of salaries and renewal of certificates 
primary teachers' certificates and high school certificates shall be con- 
sidered as first grade certificates. 

State Certificates. 

Sec. 96. All certificates issued by the state board of examiners 
on or before the first day of May, nineteen hundred and eight, shall 
continue in full force and effect, and shall be deemed valid to the 
extent of time for which issued and on their expiration may be 



School Law of West Virginia. 47 

renewed as provided for in section one hundred and thirty-two of 
this act. 

TEACHEK'S AUTHOKITY. 

Sec. 97. The teacher shall stand in the place of the parent and 
have control of all the children enrolled in his school from the time 
they arrive at the school grounds until they return to their respective 
homes, and may exclude from his school any pupil having a contag- 
ious or infectious disease, and may suspend any pupil guilty of dis- 
orderly, refractory, indecent or immoral conduct. But the action 
of the teacher in suspending any pupil shall he subject to review by 
the trustees. The trustees may expel any pupil on complaint of the 
teacher or any person interested if on investigation the conduct of 
such pupil is found to be detrimental to the progress of the school. 

Teachers Exempt from Certain Duties. 

Sec. 97-J. ISTo teacher in this state shall be required to serve on 
any jury nor to work on the roads while his school is in actual oper- 
ation. 

Register and Reports. 

Sec. 98. Every teacher shall keep a daily register and make 
monthly reports to the secretary of the board of education of his 
district. He shall also keep a term register in which shall be entered 
the date of the commencement and termination of the term of school, 
the name and age of every pupil who attended the school during the 
said term, and the daily attendance, distinguishing between male 
and female, the branches taught and the number of pupils engaged 
each month in the study of each branch and such other particulars 
as are required by the forms and regulations prescribed by the state 
superintendent of free schools. 

Payment of Teachers. 

Sec. 99. When a teacher has taught according to his contract for 
one month he shall make out a monthly summary thereof and have 
it countersigned by the trustees setting forth that the school has been 
taught as therein reported, and deliver said summary to the secretary 
of the board of education who shall thereupon' issue an order for the 



48 School Law of West Vikginta. 

salary of such teacher for that month on the sheriff duly signed by 
the president and secretary payable out of the teachers' fund. But if 
the secretary be a teacher the order for his salary shall be signed by 
the president and one other member thereof. 

Term Register and Report of Enumeration. 

Sec. 100. At the close of the term the teacher shall return the 
term report to the secretary of the board of education who shall 
examine it and if found correct file it in his office and if the enumer- 
ation has been properly taken and reported as required in sections 
one hundred and one and one hundred and two he shall issue and 
deliver to such teacher an order for the balance due on his salary 
payable as hereinbefore provided. But unless such register be prop- 
erly kept and returned the teacher shall not be entitled to the pay- 
ment of the balance of his salary. 

ENUMEEATION. 

Sec. 101. The teacher or teachers' in each sub-district or independ- 
ent district shall annually before the close of the school or schools, 
and not later than the first day of April, take and report an enumera- 
tion of all the youth residing in such sub-district or independent dis- 
trict, who will be of school age on the first day of July following, 
distinguishing between males and females, white and colored. 

Classes. 

Sec. 102. The enumeration shall be taken and reported in sepa- 
rate classes as follows: all youth between six and sixteen years of 
age; all youth between six and twenty -one years of age, and all 
youth between eight and fifteen }^ears of age, and, in districts where 
kindergartens have been established by the board of eduaction, all 
children between four and six years of age. The report of enumera- 
tion shall be verified by the affidavit of the person who made it to 
the effect that he used all means in his power to make it; and that 
he believes it to be correct. He shall deliver such report to the secre- 
tary of the board of education with the term report of such school, 
or not later than the first day of April, and, unless such enumeration 
be properly taken and reported by the teacher within the time required 
herein, the secretary shall deduct from the last month's salary of 



School Law of West Virginia. 49 

such teacher such amount as may be necessary to defray the expenses 
of taking said enumeration as hereinafter provided for. 

Secretary to Have Enumeration Taken. 

Sec. 103. When such enumeration for any district or sub-district 
is not received by the secretary on or before the first day of April, 
if shall be his duty, without delay, to employ a competent person to 
take and report the same as aforesaid. The person taking and report- 
ing such enumeration shall be paid a reasonable compensation by the 
board of education not to exceed two dollars per day, for the time 
necessarily consumed, by an order on the sheriff, out of the building 
fund of the district. 

Record of Enumeration. 

Sec. 104. The secretary of the board of education shall keep a 
record in his office of the enumeration of youth so taken, and shall 
annually on or before the fifteenth day of April, transmit a summary 
of such enumeration to the county superintendent of his county, who,, 
not later than the first day of May, shall forward to the state super- 
intendent of free schools a summary by districts of the enumeration 
so taken and reported. 

INSTITUTES. 

Time. 

Sec. 105. As a means of improving the teachers and fitting them 
for more effective service in the free schools of the state, teachers' 
county institutes shall be held annually throughout the state, one or 
more in each county at such places as a majority of the teachers of 
such county may designate by petition to the county superintendent, 
or by vote at the preceding teachers' institute, and at such time 
between the third week in July and the last week in October, as the 
state superintendent shall, with the advice of the county superin- 
tendent direct, and shall continue each for one week of five days. 

Attendance. 
i 

Sec. 106, Every person employed as a teacher in the free schools 
of the state shall be required to attend a county institute for at least 



50 School Law of West Virginia. 

five days in the year in which he teaches unless excused therefrom 
for a good and sufficient reason by the county superintendent of the 
county in which he proposes to teach. For such attendance he shall 
receive pay at the rate of one dollar and fifty cents per day for not 
exceeding five days in any one year, such compensation to be paid 
out of the building fund of the district at the end of his term of 
school. It shall be the duty of the county superintendent to see that 
teachers who do not so attend institute are not allowed to teach dur- 
ing any year in which such failure occurs. 

Instructors. 

Sec. 107. The institute shall be conducted by experienced and 
skillful instructors appointed by the state superintendent of free 
schools, but it shall be a part of the duty of the county superintend- 
ent, under the instructions of the state superintendent to make all 
arrangements for tbe institutes and to assist in conducting them. 

Pay of Instructors. 

Sec. 108. The instructors appointed by the state superintendent 
shall each be paid for his services and expenses out of the general 
school fund on the order of the state superintendent, but in no case 
shall the amount so paid exceed one hundred dollars for any one 
institute. 

Enrollment Fee. 

Sec. 109. Every teacher enrolled in a county institute shall pay 
an institute fee of one dollar, seventy-five cents of which shall be 
remitted by the county superintendent to the auditor of the state 
to be paid into the state treasury to the credit of the general school 
fund, and the remainder may be used for incidental expenses and 
for the betterment of the institute, under the direction of the county 
superintendent, and an account of said expenses shall be read to and 
approved by the institute before the adjournment thereof, and any 
amount not expended shall be disposed of as the institute may direct. 

Fees Expended. 

Sec. 110. The county superintendent shall, at the close of the 
institute, forward to the state superintendent a certified list of all 



School Law of West Virginia. 51 

persons enrolled at the county institute, giving the exact time each 
was in attendance, and a certified statement of the receipts and expen- 
ditures together with the receipts for all money expended. 

District Institutes. 

Sec. 111. As a further means of improvement among teachers the 
•county superintendent shall arrange for and conduct district insti- 
tutes, or teachers' round tables, one or more in each district of hia 
county within the school year, and any teacher who shall attend his 
district institute for one school day shall have credit therefor, when 
reported by the county superintendent, in the month in which said 
institute is held, as if actually taught by him. 

Reading Circle. 

Sec. 112. Teachers shall be encouraged to form reading circles 
for the purpose of pursuing courses of study in the history of educa- 
tion, school management, methods of teaching, educational psychol- 
ogy and kindred subjects, and it shall be the duty of the state super- 
intendent to prescribe a graded course of study covering a period of 
two years, in the said subjects, to provide for examining those who 
complete the said course and to issue certificates of proficiency to 
•such persons as pass satisfactory examination thereon. 

COUNTY SUPERINTENDENT. 

Election. 

Sec. 113. A county superintendent of free schools shall be elected 
in each county by the voters thereof, at the general election held on 
the Tuesday after the first Monday in November, nineteen hundred 
and ten, who shall be a resident of the county in which he is elected, 
and whose term of office shall commence on the first day of July 
next after his election, and continue for four years and until his 
successor is elected and qualified according to law. The county super- 
intendent of free schools shall immediately upon receiving the cer- 
tificate of election from the canvassing board, or the county court, 
forward a written notice thereof to the state superintendent of free 
schools. 

Tie in Vo4e. 
Sec. 114. In case of a tie in the vote for a county superintendent 



52 School Law of West Virginia. 

of free schools, the presidents of the various district boards of educa- 
tion shall at a meeting called for that purpose, at the court house of 
the county, by the county superintendent of free schools, not less than 
six nor more than twelve days after the result of such election is 
ascertained, appoint one of the persons receiving the highest number 
of votes for said office at the said election as county superintendent 
of free schools who shall give notice as aforesaid to the state superin- 
tendent of his appointment. A notice of such meeting shall be made 
out by the county superintendent and served upon the president of 
each district board of education at least three days before the day of 
such meeting in the manner provided by law for the service of other 
process. 

Oath. 

Sec. 115. The county superintendent shall within sixty days after 
his election qualify before the county court of 'his county, or the 
clerk thereof in vacation, by taking the oath of office and executing 
a bond with approved security in the penalty of one thousand dollars 
conditioned for the faithful performance of the duties of his office 
and for accounting for and paying over all money coming into his 
hands as such superintendent. And the said clerk shall, within five 
days after said qualification, certify to the state superintendent of 
free schools the name and address of said county superintendent and 
the fact of his executing such bond. 

Vacancy. 

Sec. 116. A vacancy in the office of county superintendent shall 

be filled until the next general election by the presidents of the 

various district boards of education, at a meeting to be called for 

that purpose by the clerk of the county court at the court house of 

the county, within thirty days after the vacancy occurs. 

i 

Qualifications. 

Sec. 117. The county superintendent of free schools shall be a 
teacher of good moral character and of temperate habits, having held 
a first grade teachers' certificate or its equivalent; but nothing herein 
contained shall prevent any county superintendent from succeeding 
himself in office. 



School Law of West Virginia. 53 

Salary. 

Sec. 118. The county superintendent shall receive for his services 
an annual compensation, as follows : In counties having not more 
than fifty schools, five hundred dollars; in counties having more 
than fifty and not more than seventy-five schools, five hundred and 
seventy-five dollars; in counties having more than seventy-five and 
not more than one hundred schools, six hundred and fifty dollars, 
and in counties having more than one hundred and not more than one 
hundred and twenty-five schools;, seven hundred and twenty^five 
dollars, and in counties having more than one hundred and twenty- 
five schools he shall be allowed two dollars for each additional school 
more than one hundred and twenty-five. In addition thereto the 
county superintendent shall be allowed the same compensation for 
conducting examinations as is allowed his assistants : provided, that 
the salary in no case shall exceed twelve hundred dollars; the county 
superintendent shall not teach in any school public or private while 
the schools of his county are in session during his term of office, and 
should any county superintendent engage in teaching public or private 
school he shall immediately thereupon forfeit his office and cease to 
be entitled to any further remuneration. 

Deductions. 

Sec. 119. The county superintendent shall report on oath to the 
state superintendent the number of schools he has visited during the 
year, in compliance with section one hundred and twenty-one of this 
chapter, and the state superintendent in paying the said county super- 
intendent shall deduct two dollars from the salary of the county 
superintendent for each and every school in his county which the 
county superintendent did not visit up to one hundred and twenty- 
five schools, as provided in section one hundred and eighteen of this 
chapter. 

Payment — Report. 

Sec. 120. Such compensation shall be paid quarterly upon orders 
drawn by the county superintendent on the state superintendent of 
free schools who shall upon receiving the same issue a requisition 
upon the auditor therefor, payable to the said county superintendent, 
or to such person as he may direct. But the payment of the fourth 
quarter shall not be made until the county superintendent has made 



54 School Law of West Virginia. 

the report to the state superintendent of free schools, as required hy 
section one hundred and twenty-three of this chapter and for every- 
day after the first day .of September before the receipt of the reports- 
the state superintendent shall deduct three dollars from the salary 
of the county superintendent unless said reports are delayed by fail- 
ure to receive sheriff's settlements or reports from secretaries of boards- 
of education. The salary of the county superintendent shall be paid 
out of the general school fund, and the amount thereof shall be 
deducted by the auditor from the amount next to be distributed, to- 
each county. 

Visit Schools. 

Sec. 121. The county superintendent shall visit each schooL within 
his county, not included in an independent district, at least once in- 
each school year, at such time as he may deem necessary and proper,., 
and acquaint himself with the character and condition of each school,, 
noting any deficiencies in the government of the school, the classifi- 
cation of the pupils, and the methods of instruction, and shall make 
such suggestions to the teacher, either orally or in writiug, in private, 
as may seem necessary or advisable for the good of the school, and the- 
progress of the pupils, and for carrying out the prescribed courses of 
study. 

Examine Buildings. 

Sec. 122. He shall examine the buildings and equipment, noting 
the character and condition thereof, and shall make such suggestions,, 
relative thereto, to the trustees and the board of education, as may 
seem advisable. He shall report to the proper board of education all' 
cases of incompetency or neglect of duty, and to the state superin- 
tendent of schools all cases of incompetency, profanity, cruelty or 
immorality on the part of teachers, and all failures to carry out the- 
prescribed courses of study. 

Reports. 

Sec. 123. The county superintendent shall receive and revise the 
reports made to him by the secretaries of the various boards of educa- 
tion, and see that they are in proper form, and according to law;. 
and Avhen deficiencies or errors are found to exist he may return them 
for correction. From these reports and such other authentic infor- 
mation as he may obtain he shall make a report to the state superin- 



School Law of West Virginia 55 

tendent of free schools on or before the first day of August annually 
or as soon thereafter as possible, setting forth in reference to each 
district of his county for the year ending on the preceding thirtieth 
day of June, the several particulars required in the blanks furnished 
by the state superintendent. 

STATE SUPERINTENDENT. 

Qualifications. 

Sec. 124. There shall be elected a state superintendent of free , 
schools for the state, ^hose term of office shall be the same as that 
of the governor. He shall be a person of good moral character, of 
temperate habits, of literary acquirements and skill and experience 
in the art of teaching. He shall receive annually the sum of three 
thousand dollars in payment for his services to be paid monthly out 
of the general school fund upon the warrant of the auditor. If in 
the performance of any duty imposed upon him by the legislature, 
he shall incur any expense, he shall be reimbursed therefor : provided, 
the amount does not exceed five hundred dollars in any one year. 

Residence and Seal. 

Sec. 125. The state superintendent shall reside and keep his office 
at the seat of government. He shall provide a seal for his office and 
copies of his acts and decisions, and of papers kept in his office, 
authenticated by his signature and official seal shall be evidence 
equally with the original. He shall sign all requisitions on the 
auditor for payment of money out of the state treasury for school 
purposes, except as hereinafter provided. 

Duties. 

Sec. 126. The state superintendent shall be charged with the 
supervision of all county and city superintendents of free schools of 
the state, and shall see that the school system is carried into effect.. 
He shall prescribe and cause to be prepared all forms and blanks nec- 
essary in the detail of the system so as to secure its uniform operation 
throughout the state, and shall cause the same to be forwarded to 
the several county superintendents, to be distributed to the persons- 
entitled to them. He shall cause as many copies of this chapter and 
such forms, regulations and instructions to be published from time 
to time as he may deem ncccssarv, and shall cause the same to be 



56 School Law of West Virginia. 

forwarded to the county superintendents, to be distributed to the 
persons entitled to receive them. 

Report. 

Sec. J27. The state superintendent shall on or before the first day 
of January preceding the session of the legislature, make a report 
to the governor, to be by him transmitted to the next regular session 
of the legislature, in regard to the condition of free schools within 
the state, embracing all statistics compiled from the reports of the 
county superintendents and such other authentic information as he 
can procure, which will be necessary to give the proper exhibit of 
the working of the system together with such plans as he may have 
matured for the better and more perfect organization and efficiency 
of the free schools, and all such other matters as he may deem it 
expedient to communicate. 

Interpretation of Law. 

Sec. 128. At the request in writing of any teacher, school officer 
■or county officer the state superintendent shall give his interpreta- 
tion of the meaning of any part of the school law and such interpre- 
tation shall have the force and effect of law until overruled by a cir- 
cuit court or the supreme court. 

Books for School Libraries. 

Sec. 129. It shall be the duty of the state superintendent to pre- 
pare and publish a list of books suitable for school libraries with the 
order in which they should be provided and to recommend the proper 
editions thereof. 

STATE BOAED OF EDUCATION. 

Sec. 130. There is hereby constituted a state board of education 
composed of the state superintendent of free schools, and five other 
persons engaged in educational work, appointed by him, one from 
each .congressional district and not more than three from the same 
political party. The said board shall be appointed on or before the 
first day of June, nineteen hundred and eight, one member for one 
year, one for two years, one for three years, one for four years and 
one for five years, and thereafter one each year who shall serve for a 



School Law of West Virginia. 57 

period of five years. The said board shall as soon as possible after 
their term begins, meet at the call of the chairman and at such times 
thereafter as four members may determine. 

Course of Study — Compensation. 

Sec. 131. The state board of education shall perform the duties 
heretofore performed by the state board of examiners as herein pro- 
vided, and in addition thereto, they shall constitute a committee on 
course of study and as such committee, shall prescribe a course of 
study for the public schools of the state, including the district schools, 
the primary, the graded, and the intermediate and the high schools, 
and define the relations that each shall bear to the others; they shall 
also prescribe and publish the branches in which applicants for pri- 
mary teachers' and high school teachers' certificates shall be exam- 
ined. And at the request of the state superintendent they may assist 
in the preparation of questions for the several examinations pro- 
vided for by law. For such services the members of this body, except 
the state superintendent, shall receive five dollars per day and their 
actual expenses, payable out of the general school fund on the order 
•of the state superintendent of free schools; but no member shall 
receive per diem for more than twenty days each year for his services 
in prescribing the courses of study and in preparing questions as 
herein provided. 

The State Professional Certificate. 

Sec. 131^. The board thus constituted shall hold at least one 
■examination each year in each congressional district of the state for 
the purpose of granting the state professional certificates herein 
provided for, and for this purpose any three of said members shall 
•constitute a quorum. They may issue twp classes of certificates to 
such as are found to possess the requisite scholarship and who exhibit 
satisfactory evidence of good moral character and of professional 
experience and ability as follows : First class certificates for twelve 
years; second class for six years. Any person holding a certificate 
of the first class, who shall have taught for eight years of said twelve 
years shall be entitled without examination, to have the same renewed 
at the expiration of the said twelve years for a period of twelve years. 
The second class certificate shall be issued to applicants of satisfac- 



58 School Law of West Virginia. 

tory attainments, upon examination in the branches required for cer- 
tificates under the uniform system, and in addition, not fewer than 
four other branches to be determined by the board. 

Graduates. 

Sec. 132. The second class certificates shall also be issued upon 
application, without examination, to the graduates of the West Vir- 
ginia University, of the State Normal School of West Virginia and its- 
branches, and of other schools of this state whose grade of work is 
equal in all respects, in the judgment of the board to the state normal 
school and its branches and whose graduates shall have presented t*> 
the" board satisfactory evidence that they have taught successfully 
three years in the state under a number one uniform certificate, one 
of which said three years shall immediately precede the application- 
for such certificate. Teachers who shall present to the board satis- 
factory evidence that they have taught successfully four years under- 
a second class certificate, shall be entitled to receive, without examina- 
tion, a first class certificate at the expiration of the second class. 

Recognition of Certificates and Diplomas from Other States. 

Sec. 133. The state board of education may also issue certificates 
to teachers coming from other states, when such teachers hold certifi- 
cates or diplomas of equal value with those issued under this act: 
provided, the states which issued such certificates likewise recognize 
those issued in this state. 

The board shall keep a record of its proceedings, showing the 
number, date and duration of each certificate, to whom granted and 
for what branches of study, and shall report such statistics to the 
state superintendent annually on or before the thirtieth day of Sep- 
tember. * 

Certificates Countersigned. 

Sec. 134. All certificates issued by such board shall be counter- 
signed by the state superintendent of free schools; and such state 
professional certificates shall supersede any and all other examina- 
tions of the persons holding them, by any board of examiners, and 
shall be equivalent to a first grade certificate granted under the uni- 
form examination system and shall be valid in any school district in. 
the state, unless revoked by the state board for good cause. Each 



School Law of West Virginia. 59* 

applicant for a certificate shall pay the state board of education a 
fee of five dollars. And, provided, further, that all state certificates 
issued prior to the passage of this act shall be renewed and subject to 
the same provisions as the certificates under this act. 

Compensation. 

Sec. 135. The state board of education shall each receive a com- 
pensation of five dollars per day actually and necessarily spent m 
conducting the examinations, and for one day to be spent in consul* 
tation and in preparing for their duties and two cents per mile for 
each mile necessarily traveled in going to and returning from the 
place of examination. This compensation shall be paid out of the 
fees received from the teachers examined, and shall in no case exceed 
the amount so received. 

Report. 

Sec. 136. Said board shall, at the end of each school year, make 
and return to the state superintendent of free schools, a detailed 
and certified account of the names of all the applicants for examina- 
tion, the amount of fees received, the amount paid out to the members 
of the board, and the balance, if any, shall be paid over to the treas- 
urer of the state, to be placed to the credit of the distributable school 
fund. 

SHEEIFF. 

Bond. , 

Sec. 137. The sheriff of the county shall receive, collect and dis- 
burse all school money for the county and the several districts and 
independent districts therein. But before receiving or collecting any 
such school money he shall give in addition to his bond as collector 
of the state and county taxes, a bond with approved security in a 
penalty double the amount of school money which will probably come 
into his hands for school purposes during any one year of his term of 
office. 

Pay Orders. 
Sec. 138. He shall keep accounts with the boards of education of 



60 School Law of West Virginia. 

the various districts and independent districts of the money belong- 
ing to the teachers' fund, the building fund, or such other fund as 
there may be and shall credit every receipt and charge every dis- 
bursement to the fund to which it belongs. He shall pay out no 
money except upon orders signed by the president and secretary or 
by the president and one other member as prescribed in section 
ninety-nine of the respective boards specifying the amount to be paid 
and the fund to which it is to be charged, or upon an order of the 
county superintendent as provided in section thirty-three and section 
fifty-two of this chapter. 

Annual Settlement with the Board of Education. 

Sec. 139. He shall on or immediately before the first day of July 
in each year settle with the board of education of each district and 
independent district, at which settlement at least a quorum of the 
board shall be present. In this settlement he shall be charged with 
the amount of taxes and of general school fund apportioned to the 
district or independent district by the county superintendent and the 
amount of taxes levied by the board of education upon the property 
of the district or independent district for the teachers' fund, and for 
the building fund and for any other money received by him during 
the current year on account of the free schools of such district or 
independent district; and he shall be credited with the amount of 
delinquent school tax in such district or independent district that has 
been duly certified by the clerk of the county court to such board of 
education. 

Payments in Excess. 

Sec. 140. He shall be credited in such settlements with all orders 
paid and produced by him, if found to be correct by the board of edu- 
cation, and he shall receive no other credits except his commission as 
hereinafter provided. If any sheriff shall pay out in any one year 
more money on account of the teachers' fund or of the building fund 
than shall have been levied and could have been collected by him 
during said year together with the amount remaining in his hands 
from any preceding year he shall in such settlement receive no credits 
for such excess. 

Method of Settlement. 

Sec. 141. In making said settlement it shall be the duty of the 



School- Law of West Virginia. 61 

sheriff to prepare and present to the said board of education in 
duplicate separate lists of all the credits claimed by him against each 
of the several school funds collected by him showing the amount, 
date and number of each voucher or order, and to whom payable, 
together with the statement of the proper debits to the several funds 
to which he is chargeable; which lists and statements together wi,th 
the vouchers claimed as credits by the sheriff shall be examined by 
the board and if found correct the said vouchers or orders credited 
to said sheriff shall be endorsed by the secretary of the board on the 
back of each with the words, "Settled by board of education,-"' under 
which the secretary shall sign his name and enter the date of the 
settlement; and said statements and lists as corrected shall be signed 
by said sheriff and by the president and secretary of the said board 
of education in duplicate, one copy to be retained by said board and 
the other, together with the vouchers and orders shall be turned over 
to the sheriff who shall as soon .as may be deliver them to the clerk of 
the county court, and the same shall serve as a basis for the settlement 
required by section seven of article twelve of the constitution, and 
section one hundred and forty-two of this chapter. 

Settlement with County Court. 

Sec. 142. In addition to the settlements required by the sheriff 
with each board of education, every sheriff shall also make annual 
settlements by districts with the county court of his county at the 
next term after the first day of July in each year, showing an item- 
ized statement of all money disbursed for the preceding year on 
account of the teachers' and building funds in his hands, showing the 
amount, date and number of each credit voucher and to whom pay- 
able, and the balance due each district and independent district on 
each of said funds; which settlement shall be made a matter of rec- 
ord by the clerk of said court in a book kept for that purpose. 

Corrections in Settlement. 

Sec. 143. But the settlements made by the sheriff with the 
several school districts of the county as provided in section one 
hundred and thirty-nine, when found correct and properly signed 
and turned over to the clerk of said court as required by section one 
hundred and forty-one, may be taken and treated as the settlements 
required to be made and recorded by section one hundred and forty- 
two: provided, however, that the prosecuting attorney or any tax- 



#2 School Law of West Virginia. 

payer of the county may appear before said court for the purpose of 
making corrections in said report, and said court may hear said objec- 
tions, after reasonable notice to the sheriff and board of education 
and make such corrections as may be proper, and when corrected said 
settlements shall be recorded; and said settlement and vouchers 
fumed over to the clerk of said court shall be filed by said clerk by 
districts. 

Commissions. 

Sec. 144. The sheriff shall receive such commissions as are now 
■or may hereafter be provided for by law. 

Failure to Account for or to Pay Orders. 

Sec. 145. If he shall fail to account for and pay over as required 
by law any money which may come into his hands or for which he is 
liable, judgment may be rendered therefor against him and his sure- 
ties with interest and ten per cent, damages; and upon the failure 
of such sheriff to pay any proper order issued by the said board of 
education the person entitled to receive the sum of money specified 
in such order may require the sheriff to endorse thereon or write 
across the face thereof the words "presented for payment" with the 
proper date and sign the same, and judgment upon motion after at 
least ten days' notice, may be obtained against the sheriff before any 
justice of his county or before the circuit court thereof, with interest 
from the time said order was presented and ten per cent, damages. 
But a sheriff shall not be required to endorse any school order nor 
shall suit be brought on any such school order prior to the first day 
of November of the current school year. 

Failure to Settle. 

Sec. 146. If any sheriff fail to make the settlement required by 
section one hundred and forty-two at the time required, without 
reasonable cause therefor, he shall forfeit fifty dollars to the teachers' 
fund, and a like amount for each subsequent term of court that shall 
pass without such settlement. And the sheriff shall moreover be 
charged in said settlement with twelve per cent, interest on all 
school money in his hands for the time he is in default in making 
the said settlement. 



School Law of West Virginia. 63 

Action Against. 

Sec. 147. If the sheriff fail to make the said settlement at the 
time required it shall be the duty of the prosecuting attorney to pro- 
ceed by action against him and his sureties in the circuit court to 
recover the fine imposed upon him by section one hundred and 
forty-six. 

Failure of Board of Education to Settle. 

Sec. 148. If any board of education fail to make the settlement 
required by section one hundred and thirty-nine of this chapter, with 
the sheriff, when requested by him to do so, each member of such 
board so failing or refusing shall be guilty of a misdemeanor and 
upon conviction thereof be fined twenty dollars for the benefit of the 
building fund of the district. 

Turn Over Balance. 

Sec. 149. And the retiring sheriff shall within sixty days after he 
■shall have made his final settlement in the manner herein provided, 
pay and turn over to his successors in office such balance as may be 
•shown due from him by said settlement, upon proper orders of the 
various boards of education. 

Mandamus. 

Sec. 150. If any order of the board of education upon the sheriff 
■of the county or judgment or decree for a sum of money against the, 
said board be presented to such sheriff without obtaining payment, 
payment thereof may be enforced by the circuit court by mandamus 
■or an order for specific levy on the property taxable in the district. 

Auditor. 

Sec. 151. The auditor shall annually before the first day of Sep- 
tember, deliver to the governor and the state superintendent of free 
schools each a report made up to the first day of July next preceding, 
■of the condition of "the school fund," with an abstract of the 
accounts thereof in his office, which report the governor shall lay 
before the legislature at its regular session. 



64 School Law of West Virginia. 

The School Fund — Board of. 

Sec. 152. All such sums as have accrued to this state from the 
several sources enumerated in the fourth section of the twelfth ar- 
ticle of the constitution, not in excess of one million dollars, shall 
be set apart as a separate fund to be called "the school fund" and the 
governor, state superintendent of free schools, auditor and treasurer 
shall be a corporation under the name of "The board of the school 
fund," and shall have the management, control and investment of 
said fund, as provided by the fourth section of the twelfth article 
of the constitution. The governor shall be president of the board, 
and in his absence the board shall choose one of their number to 
preside temporarily in his place. The auditor shall be the secretary 
of the board and all meetings of the board shall be held in his of- 
fice. A record shall be kept of all the proceedings and be signed 
by the president and secretary, and a copy thereof, certified by the 
secretary of the board shall be evidence in all cases in which the 
original would be. A majority of the board shall constitute a 
quorum for the transaction of business. 

Meeting of Board. 

Sec. 153. A meeting of the board of the school fund may be held 
at any time upon the call of any member thereof: provided, notice 
be given to all members who may be at the seat of government. 

Collection. 

Sec. 154. All the money due and payable into the treasury to the 
credit of "the school fund" shall be recovered with interest by action 
or motion in the name of said board, before any court having juris- 
diction, and the attorney general shall institute and prosecute such 
action or motion when so directed by the board. 

Agents to Collect. 

Sec. 155. The board may appoint agents for the collection of 
debts or claims, and. authorize them to secure payment thereof, and 
to protect the interest of the school fund, on such terms as it may 
approve. They shall take bond from said agents, if any money is 
to come into their hands; and any agent selling lands, when di- 
rected to do so by the board, shall execute a deed with the resolution 
giving such 'directions thereto annexed, conveying to the purchaser 



School Law op West Virginia. 65 

by special warranty. Said agent may be allowed by the board a com- 
pensation not exceeding in any case five per cent on the money paid 
into the treasury. 

No School Teacher or Officer to Act as Agent— Penalty. 

Sec. 156. No school officer or teacher of any free school shall 
act as agent for any author, publisher, bookseller, or other person 
to introduce or recommend the use of any book, apparatus, furniture, 
or other articles whatever, in any free school of this state, or direct- 
ly or indirectly contract for or receive any gifts or reward for so 
introducing or recommending the same, nor shall any such school of- 
ficer or teacher be otherwise interested in the sale, proceeds or profits 
of any book or other things used, or to be used in said schools: 
provided; that nothing herein shall be construed to apply to any 
book written, or thing invented by such person. 

» 
Misdemeanor. 

Sec. 157. Any person violating the provisions of section one 
hundred and fifty-six shall be guilty of a misdemeanor, and upon 
conviction thereof be fined not less than fifty nor more than one 
hundred dollars. 

No School Officer to oe Interested, in Contract. 

Sec. 158. No county superintendent, member of a board of edu- 
cation, or trustee of any sub-district, shall directly or indirectly be or 
become personally interested in any contract for building or repair- 
ing school houses in his district, or be or become directly or indi- 
rectly, pecuniarily interested in the proceeds of any contract in the 
award or letting of which, he may have any voice or control; any 
county superintendent, member of such board, or any trustee, violat- 
ing this section, shall be guilty of a misdemeanor and upon conviction 
thereof shall be fined not less than fifty and not more than one 
hundred dollars. 

Penalty not Otherwise Provided. 

Sec. 159. If any officer or teacher, fail to perform any duty 
required of him by this chapter or violate any provision thereof 
and there is no other fine or punishment imposed therefor, by law, 



66 School Law of West Virginia. 

lie shall be fined not less than three, nor more than ten dollars, 
for every such offence, to be recovered before a justice of the peace 
of the county; and such fine shall not impair or effect his liability 
for damages to any person injured, nor the liability of himself and 
his sureties on his official bond. If the board of education of any 
district or independent school district, fail to perform any duty 
required, each member of such board shall be liable to the full 
penalty imposed by this section, unless he show that he was not 
guilty of any neglect or default in the premises. 

Special Elections. 

Sec. 160. Whenever any special election is to be held under the 
provisions of this chapter, the time, place and manner of holding 
and conducting the same, and the manner of certifying the result 
thereof shall be first fixed and determined by the board ordering 
the same to be held, and shall conform as nearly as practicable 
under all the circumstances to the law now in force as to general 
elections. 

Definitions. 

Sec. 161. The words used in this chapter and in any proceedings 
pursuant thereto, shall, unless the context clearly indicates a differ- 
ent meaning, be construed as follows: (1) "School" shall mean 
the pupils and teacher or teachers assembled in one room. (2) 
"Primary school" shall mean a school graded according to the 
scheme formulated by the common course of study and devoted 
exclusively to instruction in a part or all of the work prescribed for 
the primary grades. (3) "Grammar" or "Intermediate school" 
shall mean a school graded according to the scheme formulated by 
the committee on course of study and devoted exclusively to in- 
struction in a part or all of the work prescribed for the grammar 
grades. (4) "High school" shall mean a school or schools graded ac- 
cording to the scheme formulated by the committee on course of study 
and devoted exclusively to instruction in all of the work prescribed for 
the high school grades. (5) "Graded school" shall mean a school 
of two or more rooms, graded according to the scheme formulated 
by the committee on course of study in which a part of the work 
is done in one room and more advanced work in the next room, there 
being a regular gradation in the work from one room through all 



School Law of West Virginia. 67 

the rooms from the lowest or most elementary to the highest. (6) 
"Holiday" shall mean the first day of January, the twenty-second 
day of February, the thirtieth day of May, the fourth day of July, 
the first Monday in September, the twenty-fifth day of December, 
a day on which an election is held throughout the state, and a day 
appointed by the governor of the state for a public fast or thanks- 
giving. (7) "Apparatus" shall mean maps, charts, globes, arith- 
metical blocks, rules, pointers, dictionaries and atlases. (8) "Dis- 
trict" shall not mean independent district. 

1 Flags Displayed. 

Sec. 162. The board of education may out of the building fund 
purchase United States flags four by six feet, of regulation bunting, 
for school houses in their district, and require the same to be dis- 
played over such school houses during the time the school is in ses- 
sion. 

District Supervision. 

' Sec. 163. The board of education of any district may, and upon 
the application in writing of a majority of the taxpayers of the 
district shall provide for district supervision of all the county, 
village and town schools in the district and establish rules and regu- 
lations necessary thereto. To this end they shall, if so requested, 
employ' a competent teacher, holding a first grade certificate who 
shall devote all his time during the school term to the thorough, 
careful and profitable supervision of such schools and as such dis- 
trict superintendent shall have and exercise all the powers, duties, 
and privileges usually conferred upon city superintendents. But 
nothing contained herein shall prevent such boards of education 
from employing and authorizing the principal of any graded school 
in the district to preform the duties of a district superintendent in 
addition to his duties as such principal: provided that he shall de- 
vote at least half of the .time to such superintendence. 

The district superintendent shall receive such salary as the board 
of education may determine, to be paid out of the teachers' fund of 
the district as provided in the case of teachers. 

District superintendents shall make such reports as may be required 
by the state superintendent of free schools. 

Board may Take Charge. 
Sec. 164. The board of education may take charge of schools so 



68 School Law of West Virginia. 

supervised and appoint the teachers therefor and may provide that all 
the schools in the district shall begin on the same date. 

Text Boohs. 

Sec. 165. All the provisions of law now in force and effect for the 
adoption of text-books shall continue operative until changed by 
law. 

THE WEST VIRGINIA UNIVERSITY. 

Location. 

Sec. 166. The West Virginia University shall hereafter remain 
where now located and shall continue to be known as the West Vir- 
ginia University. 

Regents. 

Sec. 167. The government and control of the said university 
6hall continue, as now, to be vested in a board of regents, consisting 
of nine persons to be called "The regents of the West Virginia Univer- 
sity," not more than six of whom may belong to the same political 
party. The regents now in office shall serve for the term for which 
they were appointed, and on or before the fifteenth day of March,- 
nineteen hundred and nine, or as soon thereafter as convenient, the 
governor shall appoint five of said regents whose term shall begin 
on the first day of May following; and likewise, on or before the 
fifteenth day of March, nineteen hundred and eleven, he shall appoint 
four regents whose term shall begin on the first of May following. 
The two classes of regents thus appointed shall serve for four years 
and until their successors are appointed and qualified, and thereafter 
the term shall be for a like period of four years. A vacancy occurring 
in the board shall be filled by appointment by the governor for 
the unexpired term. 

Corporation — Title to Property. 

Sec. 168. The regents shall be a corporation by the name of "The 
Eegents of the West Virginia University," and as such may sue and be 
sued, plead and be impleaded, contract and be contracted with, and 
shall succeed and be substituted to all the rights heretofore held 



School Law of West Virginia. 69 

by the regents of the West Virginia University, and be vested with 
the title to all the real estate now owned by the said institution, and 
shall, receive, hold, and dispose of, according to law and the intent 
of the instrument conveying title, any gift, grant, devise, or bequest, 
made for the use of the said institution. 

Quorum. 

Sec. 169. A majority of said regents shall constitute a quorum, 
but no contract for the construction or the permanent alteration of 
buildings shall be made, no professors, instructors, or officers employ- 
ed or removed from office or their salaries changed, and no rule or 
regulation adopted by a majority of the regents shall be amended or 
repealed, except by the affirmative vote of at least a majority of said 
regents. 

Rules and Regulations. 

Sec. 170. The regents shall adopt rules and regulations for the 
organization and government of the university and elect a president 
and the requisite number of professors, instructors, officers and em- 
ployees and fix the salary and term of office of each. 

Officers. 

Sec. 171. They shall appoint a superintendent of buildings and 
grounds for the university and a secretary and treasurer for the said 
regents, taking from the said treasurer a bond with ample security 
in double the amount of money that will probably come into hia 
hands at any time. 

Departments. 

Sec. 172. The regents shall establish and maintain in the univer- 
sity, in addition to the preparatory department, such colleges, schools, 
departments, divisions, chairs, and courses of study as may be expedi- 
ent and possible, and shall prescribe the conditions for graduation 
therein and confer the proper degrees, and the diploma issued upon 
graduation to any student who has taken at least six courses in the 
department of education in said institution shall be equivalent in 
all respects to and shall entitle the holder thereof upon application 



70 School Law of West Virginia. 

in due form to the state superintendent to a first grade certificate 
in duplicate. 

Cadets. 

Sec. 173. Besides prescribing the general terms upon which 
students may be admitted to the university, the regents may admit, 
as regular students therein, not more than two hundred and twenty- 
five cadets in the military department. Each member of the senate 
shall be entitled to appoint one cadet from his district, on or before 
the first day of June in the second year of his term, and one cadet 
on or before the first day of June in the fourth year of his term. 
Each member of the house of delegates shall be entitled to appoint 
one cadet from his county on or before the first day of June next 
preceding the end of his term. In case a cadetship filled by appoint- 
ment by any member of the legislature shall become vacant, the 
member making the appointment, or his successor, shall fill the same 
by a new appointment within the limits of time aforesaid. But 
no senator or delegate shall appoint any cadet until he receives a 
certificate from the president of the university, or the commandant 
of cadets, giving him notice of his right to do so; and he shall not 
have the right to exercise such power of appointment so long as two 
cadets are accredited to him and his predecessor, either by original 
appointment or by reenlistment. All other cadets necessary 1o 
make up the full complement of the corps, shall be appointed by the 
regents, including vacancies, if any, caused by the failure of any 
member of the legislature to make his appointment. Cadets shall 
not be under sixteen years- of age and shall not be over twenty-two 
years of age. Their appointment shall be made upon undoubted 
evidence of good moral character and sound physical condition. 
Their term of service shall be two years, but any cadet, at the ex- 
piration of his first term shall be entitled to reenlist for the further 
term of two years, upon giving notice of his intention to the com- 
mandant of cadets at least thirty days before the expriation of such 
term. But not more than fifteen cadets shall be appointed from any 
senatorial district, and not more than eight from one county. 

Free Tuition. 

Sec. 174. The cadets admitted under the provisions of the preced- 
ing section shall be entitled to all the privileges, immunities, educa- 



School Law of West Virginia. 71 

tional advantages and benefits of the university, free .of charge for 
admission, tuition, books and stationery, and shall constitute the 
public guard of the university, and of the public property belonging 
thereto, and of the ordnance and ordnance stores, and camps and 
garrison equipage, of which a sufficient supply shall be kept in the 
arsenal belonging to the institution, and shall be individually and 
collectively responsible for the preservation and safe-keeping of all 
arms and camp equipage belonging to said institution. 

Endowment. 

( Sec. 175. The regents shall invest the funds derived from the 
sale of United States land warrants, donated to the state for endow- 
ing an agricultural college, in such securities as may be prescribed by 
act of congress. 

Slate Treasurer to Receive Grant. 

Sec. 176. For the use and purposes of the West Virginia univer- 
sity there is hereby set apart the sum of twenty thousand dollars 
out of the annual appropriation made by the act of congress, approved 
August thirtieth, eighteen hundred and ninety, and the treasurer 
of this state is hereby designated as the proper officer to receive 
from the secretary of the treasury of the United States the said sum 
of money to be paid this state under said act of congress. He shall 
keep an exact account of the money so received and shall place it 
to the credit of the West Virginia University to be paid on the 
order of the board of regents. And said treasurer shall include in 
his biennial report to the governor the statement of his receipts and 
disbursements under this provision. 

STATE NORMAL SCHOOL. 

Marshall College. 

Sec. 177. The "West Virginia State Normal School," established 
under and by virtue of an act passed February twenty-seventh, one 
thousand, eight hundred and sixty-seven, entitled "An act for the 
establishment of a state normal school," shall be and remain at 
Marshall College, in the county of Cabell, as provided in said act, 
and all the provisions of said act, and all other acts in relation there- 
to, shall be and remain in full force, except so far as the same may 
be altered by this chapter. 



72 School Law of West Virginia. 

Regents. 

Sec. 178. For the government and control of said school and its 
branches, there shall be a board of regents, consisting of the state 
superintendent of • free schools, together with six other persons, to 
be appointed, by the governor as hereinafter provided, who shall be 
called the "Regents of the State Normal School," and as such may 
have a common seal, sue and be sued, plead and be impleaded, con- 
tract and be contracted with, and take, hold and possess real and 
personal estate for the use of said school. The transfer and convey- 
ance by the board of supervisors of Cabell county, of lands and build- 
ing of Marshall College and of the real estate heretofore conveyed 
by the Central Land Company of West Virginia to the regents of 
said school heretofore appointed, is hereby accepted, confirmed and 
legalized. But in case the said school should at any time hereafter 
be removed from the said Marshall College, the said property so 
conveyed shall revert to and be vested in the county court for the 
use of the said county of Cabell. 

The regents now in office shall serve for the term for which they 
were appointed and between the fifteenth day of March and the 
fifteenth day of April, nineteen hundred and nine, the governor shall 
appoint three regents whose term shall begin on the first day of 
June following; likewise, there shall be appointed between the fif- 
teenth day of March and the fifteenth day of April, nineteen hundred 
and eleven, three regents whose term shall begin on the first day of 
June following. Not more than two regents of each of said two 
classes shall belong to the same political party and all the regents 
so appointed shall serve for four years and until their successors are 
appointed and qualified. A vacancy occuring in the board shall 
be filled by appointment by the governor for the unexpired term. 

Government Control — Diploma. 

Sec. 179. The said school shall be under the general supervision 
and control of the said regents. They shall have full power and authori- 
ty to adopt and establish such by-laws, rules and regulations for its 
government as they may deem necessary and proper, to effect the 
object of its establishment, not inconsistent with the laws of this 
state. They shall fix the number and compensation of the teachers, 
aoid others to be employed therein, and appoint and remove the same ; 
prescribe the preliminary examination of pupils, and the terms and 



School Law of West Virginia. 73 

conditions .on which they shall be received and instructed in said 
school : provided, that all pupils admitted free of tuition to any- 
one school, shall not exceed in number the whole number apportioned 
to such county for admission to all normal schools of this state; the 
branches of learning to be taught in each department thereof, and 
shall determine the number of pupils to be received in the normal 
department of said school from each county or judicial circuit of 
of this state, conforming as nearly as possible to the ratio of popula- 
tion therein, and the mode of selecting them. The pupils admitted 
into the normal department of said school shall be admit- 
ted to all the privileges thereof, free from all charges of 
tuition, or for use of books or apparatus; that every such pupil 
shall pay for all books lost by him or damage done by him to such 
books or apparatus; and any pupil in said school may be dismissed 
therefrom by said regents or by the executive committee, subject 
to the approval of the regents, for immoral or disorderly conduct, or 
for neglect or inability to perform his duty. The state superinten- 
dent of free schools shall prepare suitable diplomas to be granted to 
the students of the normal department of said school who have com- 
pleted the course of study and discipline prescribed by said regents, 
which diploma hereafter issued shall be equivalent in all respects to a 
first grade certificate for a period of five years. The said regents may 
establish a pay department in said school whenever the accommoda- 
tions thereof will admit of the same, and may admit into such depart- 
ment so many paying students as can be accommodated therein from 
this or any other state, whether they desire to become teachers of 
schools or not. 

They may cause to be taught in the said department of said school, 
all or any of the "branches of learning usually taught in colleges and 
seminaries, and for that purpose may establish therein the necessary 
professorships. 

They may also make all necessary rules and regulations for the 
government of said department and prescribe the tuition and the 
terms of admission therein. The said school shall continue to be 
called and known by the name of "Marshall College."' 

Executive Comm ittee. 

Sec. 180. The said regents shall appoint three intelligent and 
discreet persons, residents of the county of Cabell, who shall con- 
stitute an executive committee for the care and immediate manage- 



74 School Law of West Vikginia. 

ment and control of said school, subject to the rules and regulations 
prescribed by the regents. Said committee shall (subject to the con- 
trol of the said regents,) designate the person to take charge of the 
boarding department of said school, and fix the price to be paid for 
board therein. They shall from time to time make full and detailed 
reports to said regents of the conditions, working and prospects of 
said school, and shall perform such other duties in relation thereto 
as the said regents may from time to time prescribe. 

Fairmont Branch. 

Sec. 181. The branch of the state norma] school established at 
Fairmont, under and in pursuance of the act passed March fourth, 
one thousand eight hundred and sixty eight, entitled, "An act provid- 
ing for the purchase of the West Virginia Normal School at Fair- 
mont," shall be and remain at that place, and all provisions of said 
act shall remain in full force, except so far as the same may be altered 
by this chapter. Said school shall be under the jurisdiction and 
control of the regents of the state normal school, in the same manner 
and to the same extent as the state normal school at Marshall College. 

West Liberty Branch. 

Sec. 182. The branch of the State Normal School established at 
West Liberty, under, and in pursuance of the act passed March 
first, one thousand eight hundred and seventy, entitled "An act to 
establish a branch normal school at West Liberty, in Ohio county," 
shall be and remain at that place , and all provisions of said act 
shall remain in full force, except so far as the same may be altered 
by this chapter. Said school shall be under the jurisdiction and 
control of the regents of the state normal school, in the same manner 
and to the same extent as the state normal school at Marshall Col- 
lege. 

Glenville Branch. 

Sec. 183. The branch of the State Normal School established at 
Glenville under and in pursuance of the act passed the nineteenth 
day of February, one thousand eight hundred and seventy-two, en- 
titled "An act to establish a branch normal school at Glenville, Gil- 
mer county," shall be and remain at that place, and all the provis- 
ions of said act shall remain in full force except so far as the same 



School Law of West Virginia. 75 

may be altered by this chapter. Said school shall be under the juris- 
diction and control of the regents of the state normal school in the 
same 1 manner and to the same extent as the state normal school at 
Marshall College. 

Shepherdstown Branch. 

Sec. 184. The branch of the State Normal School established at 
Shepherdstown, under and in pursuance of the act passed and ap- 
proved February fourteenth, one thousand eight hundred and seven- 
ty-two, entitled, "An act to establish a branch normal school at 
Shepherdstown, in the county of Jefferson," shall be and remain at 
that place and all the provisions of said act shall remain in full force 
except so far as the same may be altered by this chapter. Said school 
shall be under the jurisdiction and contral of the regents of the State 
Normal School, in the same manner and to the same extent as the 
State Normal School at Marshall College. 

Athens Branch. 

Sec. 185. The branch of the State Normal School at Athens in 
Mercer count}', established by the act passed the twenty-eighth day 
of February, one thousand eight hundred and seventy-two, entitled 
"An act to locate a branch state normal school at Concord in the 
county of Mercer," shall be and remain at that place and all the pro- 
visions of said act shall remain in full force, except so far as the 
same may be altered by this chapter. Said school shall be under the 
jurisdiction and control of the regents of the state normal school in 
the same manner and to the same extent as the State Normal School 
at Marshall College. 

Monthly Report. 

Sec. 186. The principals of the State Normal School and its 
branches shall make, at the close of each month thereof, to the presi- 
dent of the board of regents, in addition to the annual reports required 
of them, a report, under oath of the number of non-paying normal 
school pupils and the number of paying pupils in the several depart- 
ments of the school in actual monthly attendance during said term. 

Payment of Salaries. 

Sec. 187. The president and -the board of regents of the State 



76 School Law of West Virginia. 

Normal School and its branches upon receipt of the reports required 
under the provisions of this chapter, shall issue his requisition upon 
the auditor of the state for the total amount of salary due the teachers 
in each normal school for the month covered by the report, which sum 
shall be remitted to the treasurer of the executive committee of each 
normal school, but in no instance shall the amount paid out to all 
normal schools for any one month exceed one tenth of the amount 
appropriated for the support of the normal school and its branches 
for that year. 

Normal Training for Colored Teachers. 

Sec. 188. The state superintendent of free schools shall if pos- 
sible, in every year, make arrangements with some suitable institu- 
tion of learning in this state for the education and normal school 
training of a number of colored teachers in proportion to the colored 
population of the state which the non-paying white students in the 
normal schools bear to the white population of the state; but the 
amount to be paid for such education and normal school training 
shall be in the same proportion to the amount expended for the pay 
of teachers in the normal school and its branches as the said colored 
teachers are in proportion to the number of students in the normal 
school and branches. And the said amount shall be paid by the state 
superintendent of free schools at the end of each school month as 
provided in the ease of the normal school and branches. 

PREPARATORY BRANCH OF THE WEST VIRGINIA UNI- 
VERSITY AT MONTGOMERY, FAYETTE COUNTY. 

Location. 

Sec. 189. The Preparatory Branch of the State University hereto- 
fore established at Montgomery, shall remain where now located and 
shall be known as the Montgomery Preparatory Branch of the West 
Virginia University, by which name it shall have and hold all proper- 
ty, funds, investments, rights, powers and privileges granted by this 
act, by bequest, private subscriptions, donation or otherwise. 

Regents. 

Sec. 190. For the government and control of said school there 
shall be a board of regents consisting of the state superintendent of 



School Law of West Vikginia. 77 

free schools and the members of the board of regents of the West Vir- 
ginia University. As such they may sue and be sued, plead and be 
impleaded, contract and be contracted with and have a common seal. 

Poivers. 

Sec. 191. Said board shall have all the powers to act and shall 
act and be controlled according to and under the laws of chapter 
forty-five of the code of West Virginia governing the board of regents 
of the West Virginia University, except as herein limited by this act. 

Title. 

Sec. 192. That the title to all grounds, buildings and improve- 
ments shall be vested in the board of regents of said school, to be 
used and controlled, as, in like manner, is the property of the West 
Virginia University used and controlled by its said board of regents. 

Branches Taught. 

Sec. 193. There shall be taught in said school such branches of 
learning as are taught in the preparatory department of the West 
Virginia. University and in the normal schools of this state; but no 
student shall receive instruction free of tuition in any of the branches 
herein designated, except as to such as are taught free in the prepar- 
atory department of the University of West Virginia. 

Teachers. 

Sec. 194. It shall be the duty of said board of regents to employ 
and fix the salaries of a sufficient and competent corps of teachers 
and other necessary officers. Such teachers and officers to be paid as 
is provided by law for the payment .of teachers and officers of the West 
Virginia University. 

Tuition. 

See. 195. All students of this or other states desiring to take 
other branches of study than those designated in said preparatory 
courses or take other courses of study in said school, shall pay such 
tuition as shall be hereinafter fixed by the faculty of said school. 



78 School Law of West Vikginta. 

KEYSER PREPARATORY BRANCH OF THE WEST VIR- 
GINIA UNIVERSITY. 

Location. 

Sec. 196. The Preparatory Branch of the State University here- 
tofore established at Keyser shall remain where now located and shall 
be known as the Keyser Preparatory Branch of the West Virginia 
University, by which name it shall hold all the property, funds, in- 
vestments, rights, powers granted, and may receive and hold by be- 
quest, private subscriptions, donations or otherwise, money and other 
property. 

Regents. 

Sec. 197. For the government and control of said school, there 
shall be a board of regents consisting of six members, who shall be 
appointed by the governor; not more than four of whom shall be 
of the same political party, and who, with the state superintendent 
of free schools, who shall be ex-officio member shall constitute said 
board; the regents now in office shall serve until the expiration of the 
term for which they were appointed, and prior to the first day of 
May, nineteen hundred and nine, the governor shall. by and with the 
advice and consent of the senate appoint three regents for the term 
of four years, beginning June first; likewise, on or before the first day 
of May, nineteen hundred and eleven, he shall appoint three regents 
whose term shall begin on the first day of June following. Vacancies 
occurring in the board shall be filled by the governor as they occur. 

The members of said board shall be appointed from the citizens of 
Mineral, Grant, Hardy, Morgan, Pendleton, Tucker, Preston and 
Hampshire counties, and before entering upon the discharge of their 
duties, the members of the board shall take an oath to faithfully 
discharge their duties. The said board- shall be known as "The Board 
of Regents of the Keyser Preparatory Branch of the West Virginia 
University," by which name said board shall sue and be sued, make 
contracts, receive and hold real and personal property as aforesaid. 

Title. 

Sec. 198. Title to the property, buildings and improvements ex- 
cept under the provisions of this act, shall be vested in the board of 



School .Law op West Virginia. 79 

regents of said school, to be used and controlled for the purpose of 
this act. 

Branches Taught. 

Sec. 198£ There shall be taught in said school such branches of 
learning as are taught in the preparatory department of the West 
Virginia University and in the normal schools of this state, includ- 
ing mechanics, and such other branches as shall fit the pupils for use- 
ful trades and callings. But no student shall receive instruction free 
of tuition in any of the branches herein designated, except as to 
such as are taught free in the Preparatory Department of the West 
Virginia University. 

Teachers. 

Sec. 199. It shall be the duty of said board of regents to employ 
and fix the salaries of a sufficient and competent corps of teachers 
and officers, to be paid as- provided by law, and as directed by said 
board of regents. 

Tuition. 

Sec. 200. All students of this or other states desiring to take other 
branches than those designated in said preparatory course, or to take 
other courses of study in said school, shall pay such tuition as shall 
be fixed by the board of regents. 

Income. 

Sec. 201. All moneys arising from tuition, matriculation fees 
or otherwise coming into the hands of the treasurer of said school, 
shall be used and applied to the payment of the teachers' salaries and 
other liabilities of said school. 

Officers. 

Sec. 202. The board of regents of said school shall have power 
to appoint a treasurer, and require him to give bond, with good se- 
curity to be approved by said board, and also a secretary, to appoint 
an executive committee of not more than three persons, citizens of 



80 School Law of West Virginia. 

Keyser, to have the care, control and management of said school, 
under the order and direction of the board of regents. 

Compensation. 

Sec. 203. Members of the board of regents shall receive four 
dollars per day for the time actually employed by them and their ac- 
tual expenses while attending a meeting of the board, which shall 
be verified by oath. 

THE WEST VIRGINIA COLORED INSTITUTE. 

Act of Congress. 

Sec. 204. An act accepting the provisions of the act of congress, 
approved August thirtieth, eighteen hundred and ninety, entitled 
"An act to apply a portion of the proceeds of the public lands to the 
more complete endowment and support of the colleges for the bene- 
fit of agriculture and the mechanic arts, established under the provis- 
ions of an act of congress, approved July second, eighteen hundred 
and sixty-two," and providing for the apportionment of said endow- 
ment according to the provisions of said act. 

Wheeeas, The congress of the United States of America, by an 
act approved August thirtieth, eighteen hundred and ninety, entitled, 
"An act to apply a portion of the proceeds of the public lands to the 
more complete endowment and support of colleges for the benefit 
of agriculture and the mechanic arts, established under the provisions 
of an act of congress approved July second, eighteen hundred and 
sixty-two," made an appropriation to each state and territory of fif- 
teen thousand dollars for the year ending June thirtieth, , eighteen 
hundred and ninety; and an annual increase of said appropriation 
thereafter for ten years by the additional sum of one thousand dol- 
lars over the preceding year, after which time the annual amount so 
appropriated will be twenty-five thousand dollars for the more com- 
plete endowment and maintenance of the colleges established under 
the act of congress last aforesaid," to be applied only to instruction in 
agriculture, the mechanic arts, the English language, and the various 
branches of mathematical, physical, natural and economic science, 
with special reference to their application in the industries of life; 
and to the facilities for such instruction," and 

Whereas, By proviso in said act no state can obtain the bene- 



School Law of West Virginia. 81 

fits thereof where facilities are not provided for the instruction of 
colored students in said branches of study, either in the same insti- 
tution or in separate institutions, and the legislature of the several 
states are required to make an equitable division of said annual ap- 
propriation where such separate institutions are provided and Teport 
the same to the secretary of the interior, and 

Whereas, The constitution of the state of West Virginia forbids 
the education of white and colored youth in the same state schools; 
and this state having heretofore made no provision for the separate 
education of colored youth in agricultural and mechanic arts; and 
the enumeration of the white and colored youth of this state of 
school age, being about two hundred and fifty thousand white and 
twelve thousand colored, it being the duty of this state to indicate a 
reasonable proportion of said appropriations to be set apart annually 
for the instruction of the colored youth of the state, the sum of 
three thousand dollars is hereby indicated as an equitable portion of 
said appropriations for five years from the date of the passage of this 
act, and after that time five thousand dollars as long as such appro- 
priation continues; and 

Whereas, By the terms of the said act of congress of the United 
States, approved August thirtieth, eighteen hundred and ninety, it is 
necessary, in order to enable this state to share in the appropriations 
so made and to be made under the provisions of sa?d last recited act, 
for the legislature to accept of the provisions of said act for and on 
behalf or this state, and to make proper and suitable provisions for 
said act upon which this state will be entitled to her distributable 
share of said appropriations, and to designate the institutions of learn- 
ing to become the beneficiaries of said appropriations, and the officer 
of this state to whom the money shall be paid by the United States 
for the use of said beneficiaries. 

Therefore, Be it Enacted by the Legislature of West Virginia: 

Acceptance of Grant. 

Sec. 205. The legislature of the state of West Virginia hereby 
accepts for said state, the terms and provisions of the said act of con- 
gress of the United States approved August thirtieth, eighteen hun- 
dred and ninety, for the objects and purposes mentioned and declar- 
ed therein, and designates "The West Virginia University," estab- 
lished in pursuance of the act of congress of the United States passed 
July two, eighteen hundred and sixty-two, and a subsequent act passed 



82 School Law of West Virginia. 

by said congress on April nineteen, eighteen hundred and sixty-four, at 
Morgantown, in the county of Monongalia in this state, as a benefic- 
iary of said appropriation for the instruction of white students, and 
an institution to be located and provided for the purpose as herein- 
after required and directed, in the county of Kanawha, to be called 
"The West Virginia Colored Institute," for the beneficiary of said 
appropriation for the instruction of colored students, to be paid to 
each in the proportion mentioned in the preamble to this act. And 
the said institution by the name of "The West Virginia Colored In- 
stitute," shall have and hold all the property, funds, rights, powers 
and privileges hereinafter mentioned. 

Regents. 

Sec. 206. For the government and control of said institute, there 
shall be a board of regents, consisting of the state superintendent of 
free schools and six other competent persons, not more than four of 
whom shall belong to the same political party, to be called the "Ke- 
gents of the West Virginia Colored Institute," and as such board they 
may sue and be sued, plead and be impleaded, and have a common 
seal. The governor shall, between the fifteenth day of March and 
the fifteenth day of April, in the year nineteen hundred and nine, 
and every four years thereafter, nominate and, by and with the ad- 
vice and consent of the senate, appoint said six regents, whose term 
of office shall begin on the first day of June next following their ap- 
pointment, and continue for four years and until their successors are 
appointed and qualified. Vacancy in the-office of regent shall be filled 
by appointment by the governor for the unexpired term. Said 
board shall have the care, custody and control of the property and 
funds of the institute, and may accept from any person 'or persons, 
gifts of money or property for the use of said institute ; and all such 
money and property when so received by them, shall be held in trust 
by them for the use and benefit of the institute, and applied theretb 
as the donors may have directed, and if no such directions have been 
given, as a majority of the regents may determine. 

Regents to Establish Depart men Is. 

Sec. 207. The board of regents shall from time to time establish 
such departments of education in literature, science, art and agri- 
culture, not inconsistent with the terms of the several acts of con- 
gress hereinbefore referred to as they deem expedient, and as the 



School Law of West Virginia. 83 

funds under their control will warrant, and purchase such materials, 
implements and 'apparatus, as may be requisite to the proper instruc- 
tion of said colored students in all said branches of learning as to 
carry out the intent and purpose of said acts of congress. 

Rules and Regulations. 

Sec. 208. The state superintendent of free schools shall prepare 
suitable diplomas to be granted to the students of the normal de- 
partment of said school who have completed the course of stud}- and 
discipline prescribed by said regents, which diploma hereafter is- 
sued shall be equivalent in all respects to a first grade certificate for 
a period of five years. The said regents may establish a pay depart- 
ment in said school whenever the accommodations thereof will ad- 
mit of the same, and may admit into such department so many pay- 
ing students as can be accommodated therein from this or any other 
state. The said board shall establish and declare such rules, regula- 
tions and by-laws, not inconsistent with the laws of the United 
States or of this state,, as they may deem necessary for the proper or- 
ganization, the tuition of the students and the good government of 
the institute, and the protection of the property belonging thereto. 
All reasonable expenses incurred by said regents in the discharge of 
their duties hereby imposed upon them shall be allowed by the gov- 
ernor and paid out of the treasury of the state, in like manner as 
other charges on the treasury are paid. 

State Treasurer to Receive Grants. 

Sec. 209. The treasurer of this state is hereby designated as the 
officer to receive from the secretary of the treasury of the United 
States the said several sums of money so to be paid to this state 
aforesaid, for the uses and purposes aforesaid. He shall keep an ex- 
act account of the moneys so received, and shall place to the credit 
of each of said beneficiaries thereof, its due proportion of the same. 
The sums so placed to the credit of the West Virginia University 
shall be paid out by him on the order of the board of regents there- 
of, and the sums so placed tc the credit of the West Virginia Colored 
institute, shall be paid out by him on the order of the board of re- 
gents of said institute. And said treaurer shall include in his bi- 
ennial report to the governor a statement of his receipts and disburse- 
ments under the provisions of this act. 



84 School Law of West Virginia. 

Site and Buildings. 

Sec. 210. It shall be the duty of the board of the school fund to 
proceed with all reasonable dispatch to procure the necessary quan- 
tity of farming land not exceeding fifty acres in all in some suitable 
and proper locality in the county of Kanawha, with a title thereto 
clear and unquestionable, and to erect the necessary buildings and 
make the necessary improvements thereon, for the purposes of this 
act, and to comply in good faith with the terms and conditions, and 
to carry into effect the objects and purposes of the acts of congress 
in making said appropriations. 

BLUEFIELD COLOKED INSTITUTE. 
Location. 

Sec. 211. The Bluefield Colored Institute shall remain where now 
located, and shall be known as the "Bluefield Colored Institute," by 
which name it shall have and hold all the property, funds, invest- 
ments, rights, powers and privileges created by this act, by bequest, 
private subscription, donation or otherwise. 

Regents. 

Sec. 212. For the government and control of said institute there 
shall be a board of regents ' consisting of the state superintendent of 
free schools and five other persons, not more than three of said per- 
sons shall belong to the same political party. 

Said board shall be a body corporate under the style of "Board of 
Eegents of the Bluefield Colored Institute," and as such may sue 
and be sued, plead and be impleaded, contract and be contracted with, 
and have and use a common seal. The governor shall, between the 
fifteenth day of March and the fifteenth day of May, in the year 
nineteen hundred and nine and every four years thereafter, nomi- 
nate and, by and with the advice and consent of the senate, appoint 
said five regents, whose term of office shall begin on the first day of 
June next after their appointment and continue for four years and 
until their successors are appointed and qualified. A vacancy in the 
office of regent shall be filled by appointment by the governor for 
the unexpired term. The compensation of said regents shall be the 
same as that provided for the regents of the West Virginia Colored 
Institute. 



School Law op West Virginia.. 85 

Powers. 

Sec. 213. Said board shall have all the powers to act, and shall 
act and be controlled according to and under the laws governing the 
board of regents of the normal schools of this state, except as here 
limited by this act. 

Property Vested in Board. 

Sec. 214. All grounds and . improvements belonging to said in- 
stitution shall be vested in the board of regents of said school, to be 
used and controlled in like manner as the property of the normal 
school and branches is used and controlled by its said board of re- 
gents. 

Branches to be Taught. 

Sec. 215. There shall be taught in said school such branches of 
learning as are taught in the preparatory department of the West 
Virginia University and in the normal schools of this state, but no 
student shall receive instruction free of tuition in any of the branches 
here designated except as provided in section one hundred and seven- 
ty-nine of chapter forty-five of the code of West Virginia, and as to 
such as are taught free in the preparatory department of the University 
of West Virginia. 

Teachers. 

Sec. 216. It shall be the duty of the said board of regents to em- 
ploy and fix the salaries of a sufficient and competent corps of teach- 
ers and other necessary officers, such teachers and officers to be paid as 
is provided by law for the payment of teachers and officers of the nor- 
mal schools of this state. The said salaries to be paid out of any 
moneys in the state treasury not otherwise apportioned. 

Tuition. 

Sec. 217. All students of this state desiring to take other branches 
of studies than those designated in said preparatory course or tak- 
ing other courses of study in said school, shall pay such tuition 
as shall hereafter be fixed by the faculty of said school. 



86 School Law of West Virginia. 

Expenditures. 

Sec. 218. All money arising from tuition, matriculation fees or 
otherwise, coming into the hands of the treasurer of said school, shall 
be used and applied to the payment of teachers' salaries and other lia- 
bilities of said school. 

THE WEST VIRGINIA SCHOOL FOE THE DEAF AND 
THE BLIND. 

Sec. 219. The West Virginia School for the Deaf and the Blind 
heretofore established shall remain at Eomney and be known as "The 
West Virginia School for the Deaf and the Blind." 

Regents. 

Sec. 220. For the government and control of said school there 
shall be a board of regents consisting of nine persons to be appointed 
by the governor, as hereinafter provided, who shall be called "The Ee- 
gents of the West Virginia School for the Deaf and the Blind," aad as 
such may have a common seal, sue and be sued, plead and be im- 
pleaded, contract and be contracted with, and take, hold and possess 
real and personal estate for the use of said school. 

Regents — Appointment of. 

Sec. 221. The Board of Eegents of the West Virginia School for 
the Deaf and the Blind shall be composed of nine members. These 
shall be divided into three classes of three regents each and shall be 
appointed as follows : On or before May thirty-one, nineteen hundred 
and nine, the governor shall, by and with the consent of the senate, ap- 
point three regents ; on or before May thirty-one, nineteen hundred and 
eleven, he shall appoint three ; and on or before May thirty-one, nine- 
teen hundred and thirteen, he shall appoint three, and the regents so 
appointed shall serve for a term of six years from the first of June 
following their appointment and until their successors are appointed 
and qualified. Tbo regents now in office shall serve for the term for 
which they were appointed. The governor may by appointment fill 
any vacancy occurring in the board for the unexpired term, and any 
regent appointed 'during the recess of the senate shall serve until the 
next meeting of the senate. Not more than two members of each of 
the three classes of regents hereinbefore mentioned, shall belong to 



School Law of West Virginia. 87 

the same political party and two regents shall not be appointed from 
the same senatorial district. 

Meetings. 

Sec. 222. The board of regents shall appoint one of their num- 
ber president, and in case of his absence, a president pro tempore, 
and shall appoint a secretary, and all orders, drafts, or requisitions 
for money from the state shall be signed by the secretary and coun- 
tersigned by the president. Said board shall meet annually on the 
third Tuesday in October and at such other times as they may think 
necessary. Extra meetings may be called by the president or by any 
three members of the board by notifying the other members of the 
time and place of the meeting and the nature of the business which 
renders an extra meeting necessary. A majority of the board shall 
constitute a quorum for the transaction of all ordinary business, but 
the board may in its discretion, designate business which may be 
transacted by a stated number of regents less than a quorum. 

Principal. 

Sec. 223. It shall be the duty of the principal under the direction 
of the board, to superintend the affairs necessary for the proper con- 
duct of the institution, and to make such general regulations as may 
be necessary for the successful management of the same and to pur- 
chase such books and apparatus as may be necessary for the efficient 
working of the institution. 

Teachers — Overseers — Employees. 

Sec. 224. Said board shall appoint a principal and all necessary 
teachers, officers and employees, and shall provide the furniture, fix- 
tures, apparatus and other things necessary for the comfort and con- 
venience of the pupils of the institution. 

Steward — Salaries — Residence. 

Sec. 225. The said board may, when they deem it necessary, elect 
a steward; and the principal and matron shall reside in the institu- 
tion and the steward and teachers in or near it. All salaries shall 
be fixed by the board of regents and shall be paid monthly or quar- 



8S School Law of Wkst Virginia, 

terly, as llif board may deem proper, out of the funds appropriated 
by the legislature. 

Physician. 

Sec. 226. The board of regents shall employ as visiting physi- 
ciarj of the institution, a physician 4 of reputable standing in his pro- 
fession, and fix his salary, not to exceed five hundred dollars per an- 
num, to be paid in the same manner as the salary of teachers. Antl 
it shall be his duty to render all medical assistance necessary to the 
pupils in the institution. 

Bond. 

Sec. 227. The principal and steward shall give bond with ap- 
proved security in such amount as the board of regents may direct, 
for the faithful discharge of their respective duties. 

Regulations — Reports. 

See. 228. The board of regents shall prescribe such by-laws, rules, 
and regulations for the government and conduct of the institution 
under their charge as shall be necessary to secure the harmonious and 
efficient management of said institution in all its parts. They shall 
require such reports from the principal, steward, matron and physi- 
cian as in their opinion the welfare of the institution may demand, 
a iu! they shall annually, on or before the first day of December, re- 
port to the governor all the facts and circumstances in connection 
with the couduct and progress of the institution, with a careful 
statement of all the receipts and expenditures of the same, and shall 
accompany their annual reports with such recommendations and sug- 
gestions as will enable the state efficiently to foster and promote the 
enterprise of educating the deaf and blind youth within its limits. 
The fiscal year of the institution shall end on the last day of Sep- 
tember, and the accounts of the institution shall be kept with refer- 
ence to said fiscal year. 

A ceo mm o daiions. 

Sec. 229. The board of regents may provide in said institution 
accommodations for all the officers, teachers, assistants and employees, 
and for all the deaf and blind youth resident of the state who may ap- 
ply for admission to the said institution, between the ages of eight and 
twenty-five years, and for such other deaf and blind persons as may 



School. Law of West Vieginta. 89 

apply for admission as pay pupils under such regulations as said 
board may direct, but all youth admitted must be of sound mind and 
not afflicted with any contagious di- 

Admission. 

Sec. 230. All such deaf and blind youth resident of the state, 
between the ■ . eight and twenty-five years, shall be admitted to 

the institution on application to the principal, until the institution is 
filled. Applicants shall be admitted in the order of their application, 
and it shall be the duty of the principal to keep a careful record of 
the names of all applicants, with the dates of the admission and dis- 
charge, their age, post office address, the name of their parents or 
guardians, and the degree, cause and circumstances of their deaf- 
ness and blindness. 

Clothing. 

Sec. 231. All such deaf and blind pupils shall be admitted as 
above directed without charge for board and tuition; and when not 
otherwise provided with clothing the}- shall be furnished t 
by the institution while they are pupils therein, and the principal 
•shall make out an account therefor in each case against the reap 
ive counties from which said pupils come, in an amount not exce - 
ing : liars per annum for every such pupil, which account shall 

be sworn to by the principal and countersigned by the secretary, and 
which shall be transmitted by the principal to the auditor of the 
state, whose duty it shall be to transmit a copy of the same to the 
-clerk of the county courts of the respective counties in which such 
pupils live, and the county court of such counties shall thereupon at 
their next session thereafter held for the purpose of making a coun- 
ty levy, include in such levy the amount of said account against their 
. and cause an order to be issued on the sheriff of the county in 
favor of the auditor of the state, and cause the same to be transmitted 
by the clerk of said court to the auditor, whose duty it shall be to 
collect the same and place it to the credit of the institution, to be 
•drawn out upon a requisition as a part payment of the current ex- 
t said school. If the same is not paid to the auditor by the 
.•otive counties from which they are due in a reasonable time, it 
■shall be the dutv of the auditor to collect the same by law. 



90 School Law of West Virginia, 

Age. 

Sec. 232. The pupils of said school may 'continue therein five 
years, and for as much longer as in the discretion of the board and 
principal their condition and progress would seem to justify. After 
all the applicants between the prescribed ages of eight and twenty-five 
years have been admitted, if there are accommodations, the principal 
may admit other deaf and blind persons who may be of suitable age 
to receive any advantage from the institution, and upon such terms 
as the board may prescribe ; but it shall be distinctly understood that 
such persons shall withdraw from the institution in the order of 
their admission to make room for new applicants between the ages 
prescribed. 

Instruction. 

Sec. 233. The course of instruction in the institution shall be 
prescribed by the board of regents with the advice of the principal, 
and shall be as extensive both in the intellectual, musical and mechan- 
ical departments as the capacities and interests of the pupils may re- 
quire. 

Registration of Deaf and Blind. 

Sec. 234. In addition to their other duties the assessors of the 
state are hereby required to register in a book to be furnished them 
by the auditor for the purpose, the names of all the deaf and the 
blind persons in their respective districts, with the degree and cause 
of deafness and blindness in each case as far as can be ascertained, 
from the heads of the families, or from other persons whom the as- 
sessors* may conveniently consult, their ages, the names of their par- 
ents or guardians, their post office address, and such other facts as 
may be useful in making the said institution efficient in ameliorating 
the conditions of the deaf and blind. They shall complete the regis- 
tration as early as possible and forward their report to the auditor 
who shall if practicable before the first day of July, or as soon there- 
after as 'possible make an alphabetical abstract of all the facts furn- 
ished him by the assessors'" reports, and shall send the same by mail 
to the principal of the West Virginia School for the Deaf and the 
Blind, and said principal is hereby further required to put himself 
into immediate correspondence with all the deaf and blind persons, 



School Law of West Virginia. 91 

of suitable age and condition, mentioned in the auditors abstract, 
with a view to their admission as pupils 'into said .school. 

Compensation of Assessors. 

Sec. 235. The assessors shall receive for the extra duties hereby 
imposed the same compensation as now allowed them for the regis- 
tration of births and deaths, and shall be liable to the same penalties- 
for failure to discharge their duties. 

WEST VIRGINIA EEFOEM SCHOOL. 

Sec. 236. The West Virginia Reform School heretofore estab- 
lished shall hereafter remain at Pruntytown and be known as the 
West Virginia Reform School. 

Regents. 

Sec. 237. For the government and control of said reform school 
there shall be a board of regents consisting of five persons to be ap- 
pointed by the governor as hereinafter provided, who shall be called 
"The Regents of the West Virginia Reform School/' and as such 
may have a common seal, sue and be sued, plead and be_ impleaded,, 
contract and be contracted with, and take, hold and possess real and 
personal estate for the use of said school. 

Said board of regents shall consist of five members who shall be 
residents and voters of the state. Not more than three of said regents 
shall be appointed from the same political party, and no two snail be 
appointed from the same senatorial district. The regents now in 
office shall serve for the term for which they were appointed and as 
the term of each regent now in office expires, the governor shall fill 
the place by appointment. Each regent appointed shall serve for a 
period of four years and until his successor is appointed and quali- 
fied. The governor may by appointment fill any vacancy occurring 
in the board, for the unexpired term. 

President — Quorum. 

Sec. 238. The board of regents shall biennially choose one of 
their body to be president of the board, and in his absence shall choose 
a president pro tempore. A majority of the board shall constitute a 
quorum, but the board may in its discretion designate business, of 



•92 School Law op West Virginia. 

-a nature by it Jo be specified, which may be transacted by a stated 
•number of regents less than a quorum. 

By-Laws, Etc. 

Sec. 239. The board of regents shall make such ordinances, rules, 
and regulations relative to the management, government, instruction, 
discipline, training, employment and disposition of the minors in 
the reform school, not contrary to law, as they may deem proper, and 
-shall appoint such officers, agents and employees as they may deem 
necessary to transact the business and carry on the operation of said 
reform school, and may designate their duties. 

« Annual Report of Board of Regents. 

Sec. 240. The board of regents shall make an annual report to 
the governor of their transactions, of the number of minors received 
by them in the said reform school, the disposition which has been 
made of such minors, by instructing or employing them therein or by 
binding them out as apprentices; the receipts and expenditures of 
said board of regents, and generally all such facts and particulars as 
may tend to exhibit the influences, whether beneficial or otherwise, of 
said reform school. 

Inmates — Who may be Committed and for What — Manner of Commit- 
ment. 

Sec. 241. Any boy under the age of eighteen years may be com- 
mitted to and received into the West Virginia Eeform School for 
the reasons and in the manner following: 

First— r-Bj a justice of the peace of the county in which he re- 
sides, on complaint under oath and due proof made to him by the 
parent, guardian or other persons having the custody and control of 
such minor; that by reason of incorrigible or vicious conduct such 
minor has rendered his control beyond the power of the parent, or 
guardian or such other person, and made it manifestly requisite that, 
from regard for the morals and future welfare of such boy and for 
"the peace and order of society, he shall be placed in said school. 

Second — By the same authority upon complaint under oath, 
and due proof before the justice that such minor is a vagrant, incor- 
rigible or vicious in disposition and conduct, and that his parents, 



School Law of West Vieginia. 93' 

guardian or other person having custody or authority to control him, 
are depraved or otherwise unfit, unwilling or unable to exercise care 
and discipline over such minor. 

Third — By the several courts of this state, as provided in the 
next section. 

Minors Convicted of Crime. 

Sec. 242. Whenever any boy under the age of eighteen years,, 
shall be convicted in any of the courts of this state of a felony or of' 
a misdemeanor, punishable by imprisonment, the judge of said court 
in his discretion, and with reference to the character of the reform 
school as a place of reform and not of punishment, instead of sen- 
tencing said minor to be confined in the penitentiary or county jail,, 
may order him to be removed to and confined in said reform school , 
to remain until he shall have arrived at the age of twenty-one years, 
unless sooner discharged or bound as an apprentice by the board of re- 
gents. Boys under eighteen years of age, convicted in any of the 
courts of the United States for the district of West Virginia, of any 
offence punishable by imprisonment, may also be received into said 
reform school under such regulations and on such terms as to main- 
tenance and support as may be prescribed by the board of regents,, 
and assented to by the proper authority of the United States. 

And in all cases, before any minor is transferred to said reform' 
school, due notice shall be given to the superintendent and an answer 
received from him that there is room in the reform school for such 
minors. 

Names and Residences of Witnesses to be Annexed to Commitment.. 

Sec. 243. It shall be the duty of the justice of the peace when com- 
mitting a minor to said reform school under the first and second 
clauses of section two hundred and forty-one of this chapter to an- 
nex to the commitment the names and residences of the different 
witnesses examined before him, and the substance of the testimony- 
given by them respectively, on which the adjudication was found. 

Guardian ad Litem — Trial by Jury — Appeal. 

»Sec. 244. In all proceedings before justices of the peace for com- 
mitment of minors to the said reform school under the first and sec- 



94 School Law of West Virginia. 

ond clauses of section two hundred and forty-one of this chapter,' 
the justice shall appoint some discreet and disinterested person 
guardian ad litem for the said minor, and see that no injustice is 
done him; and the guardian ad litem of said minor shall have the 
right to demand a jury of twelve men to try the truth of the charges 
•made against said minor, and said jury shall be selected and said 
trial shall be conducted in the same manner as provided by law for 
the trial of criminal cases before a justice or juries. And said guard- 
ian ad litem of said minor shall have the right of appeal from any 
final decision rendered against said minor in any proceeding, wheth- 
er upon a trial by jury or otherwise, as is provided by law for the 
trial of criminal cases before justices. And said guardian ad litem 
•of said minor shall have the right of appeal from any final decision 
rendered against said minor in any proceeding, whether upon a trial 
: by jury or otherwise, as is allowed by law in other criminal cases 
tried before justices. 

White and Colored Inmates to be Kept Separate. 

Sec. 245. The West Virginia Reform School shall be exclusively 
charged with the reformation and care of male minors, and white 
.and colored inmates shall be kept separate. 

Binding out Inmates as Apprentices. 

Sec. 246. The board of regents shall have the power to bind out 
•male children committed to their care, with the consent of such child- 
ren, as apprentices during their minority, to suitable persons in or 
out of this state, to learn some proper trade and employment by 
which said children shall be bound, shall contain the covenants arid 
provisions prescribed by chapter eighty-one of the code of West Vir- 
ginia, relating to master and apprentices, and all the provisions of 
said chapter shall apply to apprentices bound under this section, so 
far as applicable. 

Term of Confinehtent — Transfer of Inmates to or from Penitentiary 
— Be mission of Penalty. 

Sec. 247. Every boy sent to the reform school shall remain until 
he is twenty-one years of age, unless sooner discharged or bound as 
an apprentice by the board of regents; but no boy shall be retained 
nfter he has been reported by the superintendent and found by the 



School Law of West A irgixia. 95 

board or executive committee to be fully reformed : provided that in 
any case where a boy is committed to the reform school for an offence 
punishable by confinement in the penitentiary, and is found by the 
board of regents that the reform school is unable to benefit such 
boy, and that his presence is a detriment or menace to other boys 
in the institution or to the general good of the school, he may be 
rsecurely returned to the court which sent him, and said court shall 
thereupon pass such sentence upon him as to confinement in the 
penitentiary as may be proper in the 'premises, or as it would have 
done had it not sentenced him to the reform school. And the govern- 
-or shall have power, when in the judgment of the Avarden of the pen- 
itentiary and the superintendent of the reform school it is advis- 
able, to remit the penalty of any youthful offender under the age of 
sixteen years, confined in the penitentiary, to a sentence to the re- 
form school. 

Offenses against Inmates — Penalty. 

Sec. 248. If any person shall entice or attempt to entice away 
from the reform school any boy legally committed to the same, or 
shall aid or abet any boy to escape from said reform school, or shall har- 
bor, conceal, or aid or abet in harboring or concealing, any boy who shall 
have' escaped therefrom, or shall, without the permission of the super- 
intendent, give, or aid or abet any other person to give any boy in said 
reform school whether on the premises of said institution or not, any 
money whatsoever, or shall in any way cause or influence, or attempt 
to cause or influence or aid or abet therein, any boy in said reform 
school to violate any rule of the institution, or to rebel against the 
government of said school in any particular, or shall receive by the 
hands of any such boy any thing of value, whether belonging to the 
state or otherwise, such person shall be deemed guilty of a misde- 
meanor, and upon conviction thereof, shall be fined not less than ten 
nor more than one hundred dollars, or he confined not more than 
twelve months in the county jail, or both fined and imprisoned as 
aforesaid, as the court may deem proper. 

And the superintendent or any of the assistants or any one author- 
ized in writing by him, or any sheriff, constable, policeman or other 
officer, shall have authority, and it is hereby made his duty to arrest 
any boy. when in his power to do so, who shall have escaped from said 
school, and return him thereto. 



96 School Law of West Virginia. 

Compensation of Justices, Jurors, etc., in 'Proceedings for Commit- 
ment. 

Sec. 249. Justices, constables and jurors shall receive the same 
fees in a proceeding for committing a boy to the reform school as are 
allowed by law for similar services in misdemeanor cases, and such 
fee shall be paid in like manner as fees of such officers and persons 
are paid in misdemeanor cases. Any officer taking a boy to the re- 
form school shall be allowed five cents a mile for each mile neces- 
sarily traveled in going to and' returning from such school, and in ad- 
dition thereto, the amount actually expended by him for the trans- 
portation of such boy, which shall be paid out of the county treas- 
ury. 

Payment for Support of Inmates. 

Sec. 250. The county court of every county shall pay into the 
state treasury the sum of fifty dollars a year on account of each minor 
from the county who shall be received in said school of the first, sec- 
ond and third classes mentioned in section two hundred and forty- 
one. But in all eases of minors received in said school of the first 
class metioned in said section, the parent, if of sufficient means, or 
the guardian if the minor has sufficient estate, shall annually reim- 
burse the county the amount so paid into the state treasury, and the 
county court of such county may recover the said amount from such 
parent or guardian in any court of competent jurisdiction. 

List of Inmates — Charging Maintenance of Inmates to Counties. 

Sec. 251. The superintendent or principal of said school shall 
before the tenth of January in each year make out and certify to the 
auditor a list by counties of all such minors as are mentioned in the 
preceding section, who are kept in the school during the preceding 
year or any part of it, showing as to each minor what part of the year 
he was so kept in the school, and to which class he belonged. On re- 
ceiving such list the auditor shall charge to each county fifty dollars 
on account of each minor who was kept in such school during the 
preceding year, and a proportionate amount on account of each 
minor kept in school for any part of such year less than the whole. 

Any money in the treasury of the state to the credit of any such 
county from whatever source arising, and not appropriated to pay any 



School Law of West Virginia. 97 

other debt of the county to the state, shall be applied, so far as nec- 
essary, to the payment of the same so charged; if any sum in the 
treasury due the county shall not be sufficient to pay the whole 
amount so charged against it, such sum shall be applied as a credit 
on the amount charged, and the balance shall remain as a charge 
against the county. 

Statements. 

Sec. 252. Within ten days after receiving such lists the auditor 
shall certify to the county court of each county a list of the minors 
from the county in such school, stating the class to which each be- 
longs, the length of time during the year he was in such school as 
shown by the list certified by the principal or superintendent, and 
the amount due from the county on his account and the total amount 
due on account of all. He shall credit on such statement whatever 
amount has been applied as a payment thereon from any funds of 
the county in the treasury. 

Such statement shall be a receipt to the county for any amount 
so credited, and shall be a bill for any amount still appearing to be 
due from the county. Unless the bill shall have been paid by the ap- 
plication of funds of the county in the state treasury, the county 
court shall at its next levy term provide for the payment of the same, 
or such part as may not have been paid, and cause the amount to be 
paid into the state treasury. If the amount so due from any county 
be not paid in a reasonable time after such levy term, the auditor 
may, in the name of the state, apply to the circuit court of the coun- 
ty for a mandamus to require the county court to provide for and 
pay the same, or he may proceed in the name of the state by any other 
appropriate remedy to recover the same. 

INDUSTRIAL HOME FOR GIELS. 

Location. 

Sec. 253. "The West Virginia Industrial Home" shall remain 
where now located. 

Regents. 

Sec. 254. For the government and control of the said "The West 
Virginia Industrial Home" there shall be a board of regents consist- 



98 School Law of West Virginia. 

ing of six persons to be called the regents of the West Virginia 
Industrial Home. The regents now in office shall serve for the term 
for which they were appointed and their successors shall be ap- 
pointed as follows : On or before March thirty-one, nineteen hundred 
and nine, the governor by and with the consent of the senate shall 
appoint two regents who shall serve for a term of four years and until 
their successors are appointed and qualified; and on or before March 
thirty-one, nineteen hundred and eleven, he shall appoint four re- 
gents who shall iserve for a like term of four years and until their 
successors are appointed and qualified. No two of the regents ap- 
pointed on this board shall be residents of the same senatorial dis- 
trict. The governor may fill any vacancy occurring during the recess 
of the senate and any regent thus appointed shall serve until the next 
meeting of the senate. 

The members of the said board of regents shall constitute a corpara- 
tion under the name of "The Eegents of the West Virginia Industrial 
Home", and as such may sue and be sued, contract and be contracted 
with, and shall have a common seal. They shall have authority to 
receive, hold and convey any gift, grant or devise, and the title to any 
property now held or hereafter acquired for said industrial home 
shall be vested in them. 

Quorum. 

Sec. 255. The board of regents shall biennially choose one of 
their number president of the board, and in his absence shall choose 
a president pro tempore. A majority of the board shall constitute a 
quorum, but the board may, in its discretion, designate business of 
a nature by it to be specified, which may be transacted by a stated 
number of the directors less than a quorum. 

Rules and Regulations. 

Sec. 256. The board of regents shall make such by-laws, ordi- 
nances, rules and regulations, relative to the management, govern- 
ment, instruction, discipline, training, employment and disposition 
of the girls of the home, not contrary to law, that they may deem 
proper; and shall appoint such officers, agents and servants as they 
may deem necessary to transact the business and carry on the oper- 
ation of said home, and designate their duties and fix their compensa- 
tion; but all the officers, agents and servants for the internal manage- 



School Law of West Virginia. 99 

ment shall be women. The board shall adopt rules governing the 
transportation of minors to and from said home. 

Report. 

Sec. 257. The board of regents shall make an annual report to 
the governor of all their transactions, of the number of minors re- 
ceived by them in said home, the disposition which shall be made of 
such minors, by instructing or employing them therein, or by bind- 
ing them out as apprentices; of the receipts and expenditures of the 
board, and generally all such facts and particulars as may tend to 
exhibit the effect, whether beneficial or otherwise, of said home. 

Commitment Papers. 

Sec. 258. Girls eligible to be received into said home are those 
who are from seven to eighteen years of age, and who may be com- 
mitted by any justice of the peace of this state, on complaint and due 
proof made to him by the parent, guardian or next friend of such 
girl, that by reason of incorrigible or vicious conduct, such girl has 
rendered her control beyond the power of such parent, guardian or 
next friend, and made it manifestly best that such girl should be 
placed in said home; or by any criminal, circuit or intermediate 
court of this state. Girls may be so committed for vagrancy up to 
eighteen years of age, or where parents, guardians, or next friends 
agree and contract with the board of regents for their support and 
maintenance, or girls up to fifteen years of age, who may be found 
in houses of ill fame or assignation houses, upon conviction thereof 
before any justice of the peace, mayor of a town or city ; or girls con- 
victed by any of the courts of this state of felony or misdemeanor, 
punishable by imprisonment, the judge in his discretion, instead of 
confining such girl in the county jail or sending her to the peniten- 
tiary, may transfer such girl so convicted to said home, from any 
county of this state : provided, there is room there for such girl. Every 
girl committed to said home shall remain there until she is twenty- 
one years of age, unless sooner discharged by the board of regents. 

Commitment, 

Sec. 259. It shall be the duty of the justice of the peace, mayor 
or other authority, when committing any girl to said home, in addi- 



100 School Law of West Virginia. 

tion to the commitment, to annex the name and residence of the wit- 
nesses examined, and the substance of the testimony given on which 
the adjudication was founded, as well as the name and residence of 
the girl, the name of her parents, and their residence, if known. 
Any girl who may be found incorrigible, or pregnant, or otherwise 
an improper subject for admission to said institution, may be re- 
turned by the board of regents to the court, justice or other authority 
by whom she was committed, and thereupon such court, justice or 
other authority, shall have power to pass sentence as would have been 
legal in the first instance, as if such girl had not been sent to said 
home. 

Guardian ad Litem. 

Sec. 260. In all cases coming before a justice, mayor or other au- 
thority, they shall appoint a guardian ad litem for such girl, who 
shall be some disinterested person, discreet and careful, and who 
shall see that no injustice is done the girl; and he shall have the 
right to demand a trial for his ward by a jury of twelve men to as- 
certain the truth of the charges against the girl, and said jury shall 
be selected, and trial conducted, as other trials are conducted by jus- 
tices in criminal cases before them. Or, said justice or court may, 
without a jury, try such girl, if no jury is demanded by her guard- 
ian or next friend. 

i 
White and Colored Inmates. 

Sec. 261. The said industrial home shall be exclusively charged 
with the reformation and care of girls, but white and colored shall 
be held separate as far as practicable. 

Apprentices. 

Sec. 262. The board of regents shall have power to bind out such 
girls as committed to their care as apprentices to the time said girls 
shall arrive at twenty-one years of age, to learn some proper trade, 
business or calling, on such terms as will be advantageous to such 
girls; but such girls so bound out, are to be bound only to those 
whose characters are above reproach, and within the state. The 
indentures by which any girl may be so bound shall state for what 
period she is bound, her age, what trade, art or business she is to fol- 



School Law of West Virginia. 101 

low, and that the master shall see that for at least five months in 
each year said apprentice shall be sent to the free schools of the 
state, and shall be bound to furnish school books requisite to learn the 
usual branches taught; the amount to be paid said child for each 
year, if anything above the maintenance of said child, and for what 
year or years, and the master shall bind himself with good security to 
pay the amount agreed upon ; which sum of money, if any, contracted 
to be paid, shall be reserved, to be paid said girl or girls so bound, 
when their apprenticeship shall cease, with interest, and said board 
shall not bind out any girl under the provisions of this act, unless 
the master bind himself to comply with the condition thereof, and 
whatever salary said master shall give, shall be paid to the board of re- 
gents; and it shall be the duty of said board to collect the same ac- 
cording to the tenor or effect of such contract, and turn the same over 
to the girl when she arrives at twenty-one years of age, or sooner if 
she marries, when the same shall be turned over to her. 

Cruelty to Apprentices. 

Sec. 263. For cruelty or inhuman treatment by such master of 
such apprentice, the circuit court of the county in which such master 
or apprentice may reside, or any justice of the peace of any such 
county shall have jurisdiction to try same, and upon conviction of 
such master for cruel or inhuman treatment of such child, such mas- 
ter shall be fined not less than ten nor more than one hundred dol- 
lars, and may in addition thereto be confined in jail not to exceed 
ninety days. 

Misdemeanor. 

Sec. 264. No master can remove such child out of the county 
where she has been bound by such board, except on the written per- 
mit of such board; and any person who shall aid or assist any girl 
who has been committed to said institution, or who is subject there- 
of, to escape from any other home or other place where she has been 
placed by the officers of the said institution, or who shall aid or 
assist any such girl to leave this state, shall be guilty of a misde- 
meanor, and upon conviction thereof shall be fined not less than 
five nor more than twenty-five dollars, and any justice of the county 
wherein such offence is committed shall have jurisdiction thereof. 



102 School Law of West Virginia. 

Desertion. 

Sec. 265. The circuit court of the couuty shall in a summary 
way be open to hear any complaint of such master against his ap- 
prentice or to said apprentice against the master, and shall make 
such order in relation thereto as it shall deem fair and right. • Any ap- 
prentice who shall desert the service of such master shall receive no 
pay, (if the pay exceed the maintenance), while such desertion 
continues, and anyone who shall knowingly harbor such apprentice 
shall be liable to said master three dollars for every day such harbor- 
ing or concealing such apprentice exists, to be recovered before any 
court having jurisdiction. 

CONFLICTING ACTS EEPEALED. 

Sec. 266. All acts and parts of acts inconsistent with the pro- 
visions of this chapter are hereby repealed. 



APPENDIX A. 



- : : . K BOASL — AdOPI 1 

. SB ■ ■ ■- - " 1 

: ■ " .aw. 



V id in every county in ffi •'"•* 

-.card, to ■ ".'. mty 

f the cfl - n ill fee a memhei 

■ i ■ ■ ahl § 

atj i .■:--. :'; m sf 

! agbf si ill rreeholde.' f . " 

■..ill be pe sefireiy 

is - -": - ■ " 3 e*£ the count - n i a 

■ a number one certificate ox Its equivalent. Hi : ~ 

more than fire - iielomig In Ihe same 

political part Hie a S ::sons shall be appointed 

I : : '. - .unty court. The term of office ; : -?: - .b - . : 
mem ill be fmn - and until tt i . '.essorsterm of' office. 

. Shi Use Brsf Say u£ Jnly ne~~. 
iftc " :pointment. Sai -. - ■ ill be made when. 

i rteenth day of June. ; a I 

hundred sn • . : il.ere- 

. . r the fifteenth day .of July, and the term 

d : . -f. . ': "_ t b d ae appointed iflei I : h -~ i ;pointment 

rz - lintments to fill Yacar -. i m zh.e 

: Angus! next sffiei Kheii sppointment, ari 

.-:;;■ until ~ is ire a ".- 

pointer]. The eec-eire i or their 

as ~^e sum of tw - . " 3k 

". •■■_;? 

- -. SB 

mi if Hie county treasury. Va tneSe 

: Lied for t S arm in the 

unarm - the :riginal appo.: - - 

mera srs shall a quorum, but a 



104 School Law of West Virginia. 

Every person so appointed shall, before entering upon his 
duties, take an oath that he will support the Constitution 
of the United States and the Constitution of West Vir- 
ginia, and that he will faithfully discharge the duties of 
his office. A certificate of every such oath shall be filed 
with and preserved by the clerk of the county court. 

Secretary. H- The secretary shall keep a record, in a book pro- 

vided for that purpose, of the transactions of every meet- 
ing of the board, and shall record the names of the mem- 
bers voting for and against every proposition to adopt 
any text-book; which record shall be open to the inspec- 
tion of any citizen of the county. \ 

III. Immediately after the appointment of said board, 
in the year one thousand eight hundred and ninety-seven, 
it shall be the duty of the county superintendent to com- 
municate with the publishers of text books, inviting the 
submission by such publishers of samples and prices of 
their books. When such samples and prices have been 
obtained, it shall be the duty of said board to meet at the 

First meeting, county seat on or before the first Monday of August, one 
thousand eight hundred and ninety-seven, on the call of 
the county superintendent, and organize by choosing one 
of their number president. Said board shall then pro- 
ceed to select and adopt one text book, or a series of text- 
books, on each subject required to be taught in the free 
schools of the State, and not provided for by contract 
under chapter thirty-seven .of the Acts of one thousand 
eight hundred and ninety-five, for a term of five years, due 
reference being had to the character of the books and the 
terms offered. It shall require the affirmative votes of five 
members of the board to adopt such book, or series of 
books, at said first meeting. 

Retail price, jy j n making selection of text-books, at any time, it. 
shall be the duty of said board to procure the best possi- 
ble terms for exchange and introduction and for the 
regular supply of the books for a term of five years, and 
they are hereby empowered to fix the retail price at which 
such adopted books shall be sold after the exchange and 
introduction have been effected, but such permanent re- 
tail price shall not exceed twenty-five per cent, advance on 
the net contract price. 



School Law op West Virginia. 105 

V. Said board shall, upon making an adoption of any Secretary t0 
text-books, decide upon the date when such adoption shall 

go into effect. The secretary shall send to the State Su- 
perintendent of Free- Schools, and to all the boards of 
education in the county, notice of the names of the books 
adopted, the prices fixed therefor, and the date fixed for 
their introduction and use in the schools of the county. 

VI. At least six months before the expiration of the 
contract made under provisions of chapter thirty-seven ^e^efpin^ 
of the Acts of one thousand eight hundred and ninety-j; 1 ^,,^ 
five, it shall be the duty of the State Superintendent to 

notify the county superintendent of every county of the 
date of the expiration of such contracts and the name 
of the text-books thereby affected; and it shall be the 
duty of said board to meet upon the call of the county 
superintendent at least three months before the expira- 
tion of any such contract, and adopt one text-book, or 
a series of text-books, on each subject contracted for 
under said chapter thirty-seven of the Acts of one thou- 
sand eight hundred and ninety-five, for a term .of five 

vears. On the call of the countv superintendent, the County su- 
perintendent 
board shall meet in regular session at least three months to can 

before the expiration of any contract made under the 
provisions of this act, and select the necessary books to 
be used for the succeeding term of five years. If any 
publishers shall fail or refuse to furnish any hook con- 
tracted for under the provisions of this act, it shall be the 
duty of said board, on the call of the county superin- 
tendent, to meet and select books to be used instead of 
those which said publishers have failed or refused to furn-^^ s g al ei ° f t0 
ish. But no hooks shall thereafter be adopted of a publish- £j^ a £ t ut 
er who shall have failed or refused to fulfill his contract 
with any board in the State, and the name of any such 
publisher shall be furnished by the secretary of said 
board to the State Superintendent of Free Schools, and 
the State Superintendent shall communicate the same to 
every county superintendent. 

VII. No text-book or series of text-books, on any oneF res ent con- 

• ; tract to 

subject now contracted for under said chapter thirty-seven remain in 
of the Acts of one thousand eight hundred and ninety-five, 
or that shall be contracted for under the provisions of this 



106 



School Law of West Virginia. 



Not more 
than one 
book 
changed, 
except. 



Who may 
sell books. 



Bond of 
publisher. 



act, shall be changed for another of different book or se- 
ries of books except by the affirmative votes of five mem- 
bers of the board : Provided, That no change in the 
text-books contracted for under the provisions of said 
chapter thirty-seven of the acts of one thousand eight hun- 
dred and ninety-five shall be made until the expiration of 
such contracts, unless for failure of the contractor. And 
not more than one book or one series of books on one sub- 
ject, shall be changed in any one year, except by the affirm- 
ative votes of six members, and except as provided in sec- 
tion three : Pro vided. That in case of failure of a pub- 
lisher to comply with his contract, the board may, by the 
affirmative vote of five members, adopt other books in place 
of those contracted for. 

VIII. After the adoption of any text-books the board 
shall contract with the publishers proposing the same, to 
supply said books in sufficient quantities, for a term of five 
years, beginning on a date to be stated in the contract, to 
every board of education, depositary, agent of said school 
book board or of said board of education, or to any dealer 
or other person of the county, at the prices named in this 
contract, and free on board the cars at the place of publi- 
cation or other place (which place shall be named in such 
contract) ; and that said books shall be equal in binding, 
typography, and in all other respects to the samples fur- 
nished; and that no changes shall be made in said books 
during the life of the contract. In such contract shall be 
stated the accurate title of every book therein contracted 
for, the name of the author and of the publisher thereof, 
and the agreed price or prices thereof. Forms of such 
contract shall be prepared by the State Superintendent of 
Free Schools and furnished to each county superintendent. 
Every dealer or publisher entering into such contract, 
shall furnish to the county superintendent a sample copy 
of each book contracted for, and the county superintendent 
shall attach to each of said books a label bearing thereon : 

"Sample copy contracted for with on the 

day of 190... 

, County Superintendent." 

IX. Every publisher entering into contract with any 
board under the provisions of this act, shall, within thirty 



School Law of West Virginia. 107 

days thereafter, give a bond, in the penalty of ten thousand 
dollars, to be approved by the Governor and deposited with 
the State Superintendent of Free Schools, conditioned for 
the faithful performance of every such contract made by 
such publisher theretofore or thereafter with any such 
board. 

X. ISTo member of said board shall serve, directly or in- No SC hooi 
directly, as the agent for any publisher in school books ^agent. &Ct 
competing for adoption under the provisions of this act, 

or be personally interested in any school book, and no 
teacher nor school officer shall act as agent for any school 
book. 

XI. At the first meeting after the thirtieth day of Depositaries. 
June, one thousand eight hundred and ninety-seven, the 

board of education of any district in this State may (at 
their option) appoint one or more depositaries in each dis- 
trict, and when practicable one or more depositaries at 
or near each postoffice, who shall keep at all times a suffi- 
cient supply of text-books to supply the free schools of the 
neighborhood. Each depositary shall execute a bond in Bond of 

Depositary. 

the penalty of double the value of the books which he will 
probably have on hand at any time, but in no event of a 
less penalty than one hundred dollars ; which bond shall be 
approved by the board of education and filed with the sec- 
retary thereof. The board of education may discharge 
any depositary at any time, and require him to deliver the 
books in his possession to such person as the board may 
name, and require the depositary to settle his accounts 
and pay over to the sheriff any balance in his hands on 
or before a date named by the board. 

XII. Each depositary shall, on or before the first day Depositary 
of September in each year, unless the board of educa-bo 0k | ep 
tion shall name an earlier date, make out a list of the 
text-books, in sufficient quantity in his judgment to supply 

the schools in his neighborhood for a period of six months, 
and from time to time thereafter each depositary shall 
make out additional lists of such books, so that he may at 
all times have a sufficient supply on hand; such lists, 
when approved by the board of education, or the president 
thereof, shall be signed by him and the secretary thereof, 



108 



School Law of West Virginia. 



Invoices 
books. 



and by the secretary forwarded to the address of the pub- 
lishers of the books therein named, 
of XIII. It shall be the duty of said publishers promptly 

to forward the books therein named 'to such depositary, 
and to make out two invoices or bills therefor, one of 
which shall be forwarded to the depositary and the other 
to the secretary of the board of education. The board 
of education shall supply the secretary with a proper 
book in which to keep the accounts of all the deposi- 
taries in the district. On the receipt of each invoice the 
secretary shall charge the amount thereof against the 
depositary receiving the books therein named, in said 
account book, and file or preserve the invoice or bill. 
If there be any error in such invoice or bill, the depos- 
itary receiving the same shall promptly notify the pub- 
lisher making the same; and if such publisher fail to 
correct such error within twenty days thereafter, such 
depositary shall notify the secretary of the board of 
education thereof, and the board of education shall in- 
vestigate the same and take such action therein as may be 
Kwlff* proper and just. Each depositary shall pay to the sheriff 
of the county, at the end of each thirty days, or oftener if 
required, and whenever required by the board of educa- 
tion, the amount received by him from the sale of such 
text-books since his last previous payment, less his com- 
mission (to be fixed by the board .of education and not 
to exceed fifteen per cent, on the amount of sales), and 
the amount paid by him for transportation charges on 
such books; provided, That each statement of charges 
to the sheriff shall be accompanied by all the transporta- 
tion bills paid by said depositary. The sheriff shall dupli- 
cate receipts therefor to such depositary, wherein shall be 
stated the total amount of such sales and the amount paid 
by such depositary to the sheriff, one of which receipts 
shall be filed by such depositary with the secretary of the 
board of education, and upon receiving the same said sec- 
retary shall credit the account of said depositary with 
the amount appearing thereby to have been so paid by 
him to the sheriff and the amount paid for transportation 
charges, and the amount of said commission by separate 
items, and said secretary shall charge against the account 



the sheriff. 



Depositary's 
commission. 



School Law of West Virginia. 109 

of the sheriff, which he is hereby required to keep, the 
amount paid by such depositary to such sheriff, to be ac- 
countd for by the sheriff in his annual settlement with 
the board of education. The amounts received from the 
sales of such books shall be credited to the building fund 
of the district. 

XIV. The board of education of each district shall ?^ tl< £ 
be liable in its corporate capacity for the whole amount liable - 

of all such text-books furnished to the depositaries in the 
manner hereinbefore prescribed, and shall within sixty 
days from the date of any invoice or bill of text-books 
supplied by the publishers thereof to any depositary in 
the district in the manner prescribed in the preceding 
section, cause an order to be issued in favor of such 
publisher, payable out of the building fund of the dis- 
trict, and cause such order to be forwarded by mail to 
such publishers. On presentation of such order to him 
the sheriff shall pay the amount thereof to the party 
entitled to receive the same, if there be in his hands suf- 
ficient funds due the building fund of said district; but 
if the sheriff have not sufficient of such funds to pay the 
same, he shall endorse on the back thereof the words 
"Presented for payment," with the date of such presenta- 
tion and said order shall draw interest from that date. 

If the Sheriff shall fail or refuse to pay such order 
when he has funds in his hands, or should by law have 
the same, with which to do so, he shall be liable as pro- 
vided in section forty-six of chapter forty-five of the Code. 

XV. The board of education shall pay the cost of such Books^ paid 
books and the amount of charges for transportation outl 1 ^ 1 ^ 

of the building fund of the district, and shall lay an 
annual levy for the same upon the taxable property of 
the district in the manner and at the time that other 
levies are laid for said fund, and if at any. time any 
scholar or scholars should remove from the county into 
another county in which a different book, or series of 
books, or different books have been adopted, the board 
of education of any district are authorized to purchase 
from such scholar or scholars with money from the build- 
ing fund and at a fair valuation, such book .or books 
or series of books as may not be adopted in the county to 



110 



School Law of West Virginia. 



Board may 

remove 

depositary. 



Books in 
exchange. 



Teacher 
liable. 



Misdemeanor. 



which they may remove : Provided, That the provisions 
of this section shall not apply to districts in which no 
depositary shall be appointed. 

XVI. The board of education may remove any deposi- 
tary in his district at any time, and appoint another In 
his stead; may require him to execute a new bond, or 
additional bond, whenever in their opinion they shall 
deem it necessary, and may cause to be made at any time 
an invoice of the text-books in the possession of any such 
depositary. It shall be the duty of every depositary 
whenever the board of education shall order, to turn over 
to his successor or such other person as the said board 
may name, all text-books in his possession. . 

XVII. Every depositary shall receive from any resi- 
dent of his district copies of the books that may at any 
time be superseded by adoption of other books in their 
stead, at the contracted exchange allowance of such super- 
seded books, to be applied on payment of adopted books. 
Each depositary shall turn over such superseded books 
to the board of education at such times as the board 
may direct, and shall receive credit on his account for the 
value thereof. Such superseded books shall be held by the 
board .of education subject to the orders of the publishers 
thereof, for a period of not longer than three months. 

XVIII. If any teacher in a primary or graded school 
of the free school system of this State use, or cause to 
be used in such primary or graded school, any text-books 
not authorized in place of an authorized book, then the 
county superintendent shall apply to the board of edu- 
cation for an order signed by said, board, directed to 
such teacher requiring the use of such unauthorized text- 
book to be discontinued; and if any teacher shall disobey 
any such order issued by said board of education, such 
teacher shall forfeit the sum of ten dollars for each such 
offense, and it shall be the duty of the board of education 
of the district where said teacher is employed to retain 
that amount out of the salary of said teacher, which 
amount so forfeited shall be paid into the teachers' fund 
Of such district. 

XIX. Any publisher, school officer, depositary, dealer, 
teacher or other person, violating the provisions of this 



School Law of West Virginia. Ill 

act, shall be guilty of a misdemeanor, and, on conviction 
thereof, shall be fined for each offense not less than five nor 
more than fifty dollars. 

XX. Nothing contained in this act shall be construed Acts repealed 
as changing or modifying the contracts heretofore made 
with publishers of text-books under authority of chap- 
ter thirty-seven of the Acts of one thousand eight hun- 
dred and ninety-five; and all acts, or parts of acts, com- 
ing within the purview of this act and inconsistent there- 
with, are hereby repealed. 



APPENDIX B. 

FORMS AND INSTRUCTIONS. 



ORDER OF PROCEEDINGS AT THE FIRST, SECOND AND THIRD ANNUAL 
MEETINGS OF THE BOARD. 

FIRST MEETING FIRST MONDAY IN JULY. 

[See Sections 11, 35 and 45.] 

1. Appoint a secretary. 

2. Appoint trustees for each sub-district. 

3. Determine the number of months the schools shall be taught 
in the district during the school year. 

4. Determine the number of teachers that may be employed in 
the sub-districts, allowing at least one for each school house. 

5. Fix the salaries of teachers according to the grade of certificate. 

6. Estimate the number of teachers of each grade thai; will be em- 
ployed. 

7. Ascertain the whole number of months to be taught in the dis- 
trict by teachers of each grade. ' 

8. May establish graded and high schools, change boundaries of 
their sub-districts and provide for the erection of new buildings. 

SECOND MEETING; SECOND TUESDAY IN* AUGUST. 

[See Section 21.] 

At this meeting the Board shall ascertain the condition of the fiscal 
affairs of the district and make up an itemized statement thereof set- 
ting forth : 

1. The separate amounts due the building fund and the teachers' 
fund from all sources or to become due these funds within the current 
fiscal year. 

2. All debts and demands upon both funds owed by the district or 
to become due and payable within the current year. 

3. All other expenditures to be made and payable out of each fund 
within the current fiscal year. 

4. The separate amounts necessary to be raised for each fund and 
the proposed rates of levy. 

5. The aggregate value of all taxable property in the district, 



School Law of West Virginia. 113 

stating separately the assessed value of real estate, personal property 
and property assessed by the Board of Public Works. 

A copy of the above statement shall be prepared and certified for 
publication as required by Section 21. The Board shall then stand ad- 
journed until the fourth Tuesday in August. 

THIRD MEETING — FOURTH TUESDAY IN AUGUST. 
[See Section 21.] 

The Board shall at this meeting transact the following business : 

1. Hear and consider any objections made as provided for in Sec- 
tion 21, to their estimate and proposed levy. 

2. Enter an order of record showing the objections made and the- 
reasons for the same. 

3. Beconsider the original estimate and proposed rate of levy and 
correct the same if the objections appear to be well taken. 

4. Enter of record the corrections made. 

5. Lay the levy. 

The following calculations will be convenient for reference in mak- 
ing levies for school purposes : 

Number of teachers to be employed in the district 20 

Number of months to be taught during the year 6 

Amount of money to pay all teachers (estimated) $ 4,380 

This estimate is made as follows : 

10 No. 1 grade teachers at $40 per mo '. 400 

6 No. 2 grade teachers at $35 per mo 210 

4 No. 3 grade teachers at $30 per mo 120 

Monthly pay $ 730 

Number of months 6 



Total for term $ 4,380 

ict amount on hand including amount of general school 

fund 1,880 



.$ 2,500 



To ascertain the number of cents to be levied on every one hun- 
dred dollars' valuation of property in the district to raise $2,500 by 



114 School Law of West Virginia. 

taxation, suppose the whole valuation in the district to be $600,000. 
Eule — Drop the cents, if any, and add four" ciphers to the amount 
in dollars to be raised by the levy, and divide by the amount in dol- 
lars taxable property. 

Example: 600,000)25,000,000(41 2-3 cents. 
24,000,000 



1,000,000 
600,000 



400,000 

= 2-3 

600,000 

Similar calculations should be made in relation to the Building 
Fund. 

FOEM NO. I. 

FORM OF ORDERS TO BE ENTERED OF RECORD BY THE BOARD OF EDU- 
CATION. 

Office of the Board of Education ) 

District, in the County of ) 

West Virginia. 
At a meeting of the Board of Education held on the .... day of 

, 19 . ., there were present, president, and 

and , members of the board. 

On motion of , it is ordered that be, and he is 

hereby appointed Secretary of this Board. 

On motion it is ordered that the following named persons be ap- 
pointed trustees in the following named sub-districts, for a term of 
three years, and until their successors are appointed and qualified : 

Trustee for Sub-District No. 1. 



Trustee for Suit-District No. 2. 



School Law of West Virginia. 115 

On motion of , it is ordered that the salaries of teachers 

per month, for the school year, shall be as follows, according to the 
grade of their certificate: For grade No. 1, $. . . . ; for.grade No. 2, 
$ ; for grade No. 3 $ 

It is found by the board that in addition to the available funds 
now on hand, $. . . . will be necessary for the payment of teachers' 

salaries for the current year, and on motion of* , it is ordered 

that a tax of .... cents on the one hundred dollars' valuation of 
the real estate and personal property of the district be levied for 
that purpose. 

(A similar order should be entered in relation to the levy for 
Building Fund.) 

On motion of , it is ordered that the president and secre- 
tary of this board be authorized to sign, in vacation, all proper or- 
ders for the payment of money out of the teachers' fund or the build- 
ing fund, for the salaries of teachers employed and claims allowed 
by the board, and that they report the orders drawn on each fund, 
at the next meeting of this board. 

The secretary of this board made a report this day for the several 
orders drawn by him and the president, on the teachers' fund and 
the building fund, respectively, since the last meeting of the board, 

as follows : An order on the teachers' fund, in favor of , 

a teacher, for $....; an order in favor of , a teacher, for 

$....; also an order on the building fund, in favor of , for 

work done on school house, for $....; and an order, in 

favor of for furnishing wood for school house, 

for$ 

On motion of , it is ordered that when in the opinion -of 

the president or of the two commissioners it is deemed necessary, the 
president or secretary may call a special meeting of this board. 

On motion the board does now adjourn. 



Secretary. President. 

FORM NO. II. 

ORDER OF APPOINTMENT TO FILL A VACANCY IN THE BOARD OF TRUS- 
TEES. 

[To be entered in records of the board.] 

There being a vacancy in the board of trustees in sub-district No. 



116 School Law of West Virginia. 

, in the district of , on motion of , it 

is ordered that be, and he is hereby appointed to fill said 

vacancy for -the unexpired term, and till his successor shall be ap- 
pointed and qualified. 

NOTE — This order of appointment should be entered in the record book of the 
Board of education at a regular meeting and a copy of it signed by the secretary 
of the board served upon the appointee. 

.FOBM ¥0. III. 

APPOINTMENT OF A MEMBER OF THE BOARD OF EDUCATION TO FILL A 

VACANCY. 

Office of County Superintendent, ) 

of the County of ) 

, West Virginia, , 19 ... . 



It having been made known to me that there is a vacancy in the 

board of education in district in my said county, I 

, county superintendent of said county, in pursuance 

of the authority vested in me by law, hereby appoint 

to fill the vacancy in said board for the unexpired term. 

, County Superintendent. 

FOKM NO. IV. 

OATH OF OFFICE. 

State of West Virginia. County of , to-wit: 

I, do solemnly swear (or affirm) that I will support 

the Constitution of the United States, and the Constitution of this 
State, and that I will faithfully discharge the duties of my office of 

to the best of my skill and judgment. So help me 

God. 

A B— . 

Sworn to and subscribed before me, , a justice of 

the peace, this .... day of , H> . . 

C D . J. P. 



School Law of West Virginia. 
FOEM NO. V. 



117 



FORM TO BE USED IN THE SETTLEMENT BY THE SHERIFF WITH THE 

SEVERAL BOARDS OF EDUCATION, ON OR BEFORE THE 30TH 

DAY OF JUNE IN EACH YEAR. 

, Sheriff of county, in account with 

the Teachers' Fund of district for the year ending- 
June 30, 19... 



To balance due District on settlement for year ending June 30, 19 

To amount due from State School Fund for the year ending June 30, 19. 
To amount levied on a valuation of $. . for the year ending June 30, 19. 

at. . . .cents on each hundred dollars valuation 

To amount received from other sources for the year ending June 30, 19 

[Itemize each sum received from "other sources," giving date, amoxintl 
and from whom received.] 



Total debits 



eta 



By balance due sheriff on settlement for the year ending June 30, 19 ... . 
By sundry school orders paid to date 

[The No. , date and name of person to whom each order was drawn, 
with the actual amount paid thereon by the officer presenting it, should 
be given in detail.] 

By commission at 5 per cent, on net district levies 

By 2 per cent, commission on railroad levy 

By exonerations — (Name each person exonerated, the name and for what 

year the exoneration is made) 

By delinquent list for the year ending June 30, 19 



Total credits 



Balance due district, (or sheriff, as the case may be) 



Cts. 



FOEM NO. VI. 



CALL FOR SPECIAL MEETING. 



Office of ) 

District, ) 

County, W. Va. ) 

, 19.. 

It appearing to that a special meeting of the board 

of education of said district is necessary to transact business relating 

to and other matters, a meeting is hereby called at 

at o'clock .... M., , 19 . . You 

are requested to be present. 

, Secretary. 

To 



118 School Law of West Virginia. 

FOEM NO. VII. 

for transfer. 

District, ) 

County, W. Va. ) 

Sub-District, No. ) 

It appearing to the undersigned, trustees of sub-district 

that . . . . , children of of 

sub-district are so situated as to be better accommodated 

in sub-district No. . . . . , district, County, W. Va., 

this is to certify that said trustees have this day, as required by law, 
transferred them to that district. This transfer is to commence on 
the .... clay of , 19 . . , and continue in force 

months. 

i 

To the Trustees of Sub- ) ) 

Dist. No. . . of . . Dist., ) ) Trustees. 

County, W. Va. ) ) 

On the reverse of the transfer (Form VII) the following endorse- 
ment may be made : 

Transfer of .... scholars from sub-district No , Dis- 
trict, County, to sub-district No , District, 

County, W. Va. 

We, the trustees of the last named sub-district, this day 

*accept the within transfer in accordance with sec. 66 school law, 
, 190 

, ) 

) Trustees. 

) 

*0r refuse to accept. 

NOTE — Trustees accepting transfers from other districts should transmit them to 
their board of education, there to be kept on file for the information of the board in 
making settlements for the amount due for the transferred pupils. 

Trustees making transfers should furnish their board with information of all 
transfers made by them, to enable the board to provide for the payment of the pro- 
rata expenses of the transferred pupils. The following form may be used by the 
trustees : 

To the President of the Board of Education of District: 

This is to certify that the undersigned, trustees of sub-district 
No. . . , District have transferred as required by law 



School Law of West Virginia. 119 

pupils, the children of , from this sub-district to No. . . . , 

District, County, to begin on the .... day of 

, 19. ., and continue .... months. 

) 

) Trustees. 

) 

FOEM NO. VIII. 

CONTRACT BETWEEN TRUSTEES AND TEACHER. 

This Contract Witnesseth, That , r 

and .....' , trustees of sub-district No in the 

district of , and county of , West Vir- 
ginia, of the first part, having met together as required by section 56 

of the School Law, and , a teacher holding a 

No teacher's certificate, of the second part, have this day 

agreed that said shall teach the free school in said 

sub-district, for the term of months, commencing on the .... 

day of , 19 . ., for the sum of dollars per month, 

and that for said services, properly rendered, the trustees aforesaid 
will pa} r , as prescribed by law, the amount of salary due said 

according to the terms of this contract, provided 

said teacher complies with the law relative to institute attendance 
and the following conditions of this contract : 

It is further agreed that if the relationship exists between the 
parties to this contract prohibited by Section 58 of the School Law, 
that this contract shall be void and the second party shall not be 
entitled to receive from the Board of Education any compensation 
for the teaching of the school, or any part thereof, under this con- 
tract. 

The second party represents that he is not at this time under an 
agreement to teach any other school which will interfere with the 
teaching of this school under this agreement, and agrees that he will 
not hereafter make an agreement to teach another school which will 
interfere with his teaching the term of school provided for in this 
contract. 

And he agrees to forfeit to the first party an amount equal to one' 
month's salary under this contract, in the event he without legal ex- 
cuse fails or refuses to complete the term of school by this contract 
agreed to be taught; which amount, if already paid to the second 



120 School Law op West "Virginia. 

party by the Board of Education of said district at the time the sec- 
ond party quits said school before the expiration of the term, may 
be recovered by and in the name of the Board of Education in any 
proper action therefor. 

It is further agreed that, if for any legitimate cause the school is 
not begun on the date mentioned, or if for any cause it is by the 
first party discontinued or suspended, neither party shall have re- 
course on the other for damages. 

Witness our hands, this .... day of 19 . . 

) 

) Trustees. 

) . 

Teach er. 

*I represent myself to be worth more than Pour Hundred. Dollars 
over and above my debts and liabilities; and I hereby agree to pay 

to the Board of Education 'of 

District an amount equal to one month's salary of the teacher of the 
above contract, if the above named teacher, without legal excuse 
therefor, fails or refuses to teach the full term of school provided for 
in the above contract. 



Date 

FOKM NO. IX. 

secretary's notice to county superintendent, assessor and 
county clerk, of rate op levies. 

Oppice of Secretary Board of Education. 
, 19 . . *To of county, 

At a meeting of the board of education of district 

of said county, held on the .... day of , 19 . ., it was 

ordered that levies for the support of the free schools of the district 
for the year beginning the first day of July, 19. ., be made for the 
respective funds at the following rates : 

For Teachers' Fund, cents on the $100 valuation. 



*Where the party of the second part is a minor or unknown to the Trustees the 
above bond may be required. 



♦Write Assessor, Clerk of County Court or County Superintendent as the case 
may be. Each must be notified promptly. 



School Law of West Virginia. 121 

For Building Fund, cents on the $100 valuation. 

Bespectfully, 

, Secretary. 

FOEM X. 

county superintendent's certificate to secretaries of the 
amount of railroad tax. 

Office County Superintendent Free Schools. 

To the Secy Board of Education of District, 

County. West Virginia. 

You are hereby notified that the amount due your district for school 
purposes and chargeable to the Sheriff on the respective accounts of 
Teachers' and Building Funds in 'proportion to the rate of levy for 

■each, for the school year ending June 30. 19 . . , from the 

Bailroad Company is Dollars. 

Given under my hand this .... clay of , 19 ... . 

Dated , 19 ... . County Sup't County. 

When the County Superintendent is notified by the Auditor of 
the amount paid into the treasury by the Bailroad Company to the 
credit of any district for school purposes; or, is notified of the amount 
•of Bailroad tax certified by the Auditor to the Sheriff of the County 
for collection for school purposes, he should, without delay, notify (on 
this blank) the Secretaries of the respective Boards of Education of 
the amount due them from the different Bailroad companies that 
have property in their respective districts. The secretaries of the 
Boards, when they are notified as above directed, should divide the 
-amounts so reported, between the Teachers 'and Building Funds in 
proportion to the rate of levy made for each. The amounts should 
then be charged up to the Sheriff on account of the respective Funds. 

FOBaE NO. XI. . 

•county superintendent's certificate to the auditor of distri- 
bution OF STATE FUND FOR HIS COUNTY. 

Office County Superintendent Free Schools, ) 
, , County, W. Ya v 19 ... . ) 



122 



School Law of "West Virginia. 



To the Auditor of the State of West Virginia. 

Sir: — The following shows the apportionment made by me, to the 

several school districts of the county of , for the school 

year commencing July 1st, 19 . . 

Whole amount certified by State Superintendent, $ t 

Amount deducted for salary of County Superintendent, 

Whole amount distributed to the several school districts, 

Amount distributed to "each school district respectively : 



Payment of 1 
DISTRICTS. Sept. 15th. | 


Pavm't 
Dec. 1£ 


of 
th. | 


Total 






1 






• J J 


















1 




















1 










1 
•' . . | . . . 


. ... 








1 











" 1 











" 






























1 
Total $. . 





















INDEPENDENT DISTRICTS. 












$ 




$ 














" 




• 






" 










" r 










1 




... 









1 — " 









_ __'_ 







, County Superintendent 

of Countv. 



School Law of "West Virginia. 123 

Section 42 of the school Law requires county superintendents to 
apportion the State Fund among the several districts of their re- 
spective counties and to report the same on this form to the Auditor. 

FORM NO. XII. 

county superintendent's certificate to secretaries of the 
amount of state fund. 

Office of County Superintendent Free Schools. 

County, West Virginia. 

19.. 

To the Secretary of the Board of Education of District. 

I hereby certify that the amount of State School Fund appor- 
tioned to your district for the school year beginning on the 1st day 

of July, 19 . . , is 

dollars. 

Enumeration for 19 . ., (corrected) 

County Superintendent. 

The amount will be paid to the sheriff of the county in two equal 
installments, on September 15th, and on December 15th, next; pro- 
vided your board levy for a sum, which, together with the balance 
on hand, funds from other sources, and this State fund, will be 
sufficient to pay for having the schools of your district taught for at 
least six months of the year. You will charge the sheriff with the 
above amount on account of the teachers' fund. 

As soon as the county superintendent receives notice from the 
State Superintendent of the amount apportioned to his county, he 
should apportion the amount among the respective districts and in- 
dependent districts, according to the number of youths between 6 and 
21 in each, ascertained by the last enumeration, and should thereupon 
notify the respective secretaries on this blank (Form 18) without de- 
lay. 

FORM XO. XIII. 

assessor's notice to secretaries of valuation of personal 

property. 

Office of Assessor. 

of County, 

West Virginia. 



124 School Law of West Virginia. 

To the Secretary of the Board of Education of District: 

The assessed valuation of the personal property in your district 

on the first day of January, 19. ., aggregates $. 

Given under my hand the day of , 19 . . . 

Assessor. 

P. 0. Address, 



A copy of this notice should be sent to the secretary of each dis- 
trict at the very earliest moment possible, as he must have it on the 
second Tuesday in August, at the second annual meeting of the board 
of education. 

The assessor shall make out and deliver to the secretary of the 
board of education of each district and independent district in his 
county on or before the second Tuesday in August in each year, a 
certificate showing the aggregate value of all personal property and 
real estate in such district or independent district, and to the county 
superintendent of free schools a certificate of the aggregate value of 
such property in the county, which certificates shall serve as the basis 
for the school levies for the ensuing year. (Sec. 48 of the School 
Law.) 

Any assessor, clerk of the county court, secretary of a board of ed- 
ucation, or county superintendent who fails to perform the duties 
required of him in sections forty-eight and forty-nine of this chapter, 
shall be guilty of a misdemeanor and shall upon conviction thereof 
be fined twenty dollars. (Sec. 50 of the School Law.) 

FOEM NO. XIV. 

county clerk's notice to secretaries of assessed valuation of 

real estate. 

Office Clerk County Court 

County, 

' West Virginia. 

To the Secretary Board of Education of District: 

The assessed valuation of the real estate in your district on the 

first day of January, 19. ., aggregates $ 

Given under my hand the day of , 19 . . 

Clerk of County Court. 
A copy of this notice should be sent to the secretary of each dis- 



School Law of West Virginia. 125 

trict at the very earliest moment possible, as he must have it at the 
annual meeting of the board of education on the second Tuesday in 
August. (See Sec. 48 of the School law.) 

FORM XV. 

county clerk's notice to secretaries oe delinquent lists. 

Office Clerk County Court 

County. 

West Virginia. 

To the Secretary Board of Education District: 

The sheriff of ■ county is entitled to credits for the 

delinquent list (including property erroneously and improperly 
charged) for the year ending June 30, 19 . . : 

On Eeal Estate for Teachers' Fund, $ 

On Personal Property for Teachers' Fund $ 

Total for Teachers' Fund, $ 

On Eeal Estate for Building Fund, " $ 

On Personal Property for Building Fund, $ 

Total for Building Fund, $ 

You will charge the sheriff with the following amounts, certified 
by the Auditor as paid to the sheriff on account of redemption of 
delinquent lands paid into the treasury before sale : 

For Teacher's Fund, $ 

For Building Fund, $ 

Given under my hand this clay of , 19 . . 



Clerk County Court. 
(See Sec. 44 of the School law). 



FORM NO. XVI. 
truant officer's notice. 
W. Va 19.. 



M. 



Dear 

You are hereby notified that the attendance of 

, and 

being under your control are required to attend school and according 



126 School Law of West Virginia. • 

to the provisions of section 73 Chapter 45 of the Code as revised 
by the Legislature of 1908,, (Extra Session) such attendance must 
commence at once on receipt of this notice unless due cause be shown 
why such child or children should not attend. 

Should you fail to comply with the requirements of this law, you 
will be subject to a fine of two dollars for the first offence and five 
dollars for each subsequent offence. 

Respectfully, 

_ Truant Officer, 

District County, West Virginia. 

Note — This notice should be mailed where practicable, otherwise it must, be 
delivered by the truant officer in person or sent by a reliable carrier. 

FOEM NO. XVII. 

TRUANT OFFICER'S REPORT TO BOARD. 

Members Board of Education, District, County, 

West Virginia. 

Gentlemen : I hereby certify that I have investigated 

cases under the truancy law during the month of , 19 . . , 

of which number were prosecuted and con- 
victed. I have mailed .... notices, delivered in person .... notices 
or sent by other means .... notices. 

In all I have spent hours* or days and .... hours 

in the discharge of my duties as truant officer. 

Respectfully, 

, Truant Officer, 

District, County, W. Va. 

Personally appeared before me of 

County, the said ." and, on oath, says that the above 

report is true and correct, to the best of his knowledge and belief. 
Given under my hand this day of , 19 . . . 



•Note — Nine hours should be reckoned as constituting a day. 

FOEM NO. XVIII. 

TRUANT OFFICER'S STATEMENT TO SHERIFF. 

, W. Va., 19 

M 

Sheriff of County, 



School Law of West Virginia. 



127 



W. Va. 

Dear Sir : Under the provisions of Sec. 73, Chap. 45 of the Code, 
as revised by the Legislature of 190S (Extra Session), the following 

fines were imposed in District, County, under 

my jurisdiction during the month of , 19 . . : 



NAME. 


Address. | Date. 

1 
i 


Amount 

of Fine. 


Child for Which | Age of 
Fined. Child. 









$ 
























































































































































































Total 




$ 














- 



Eespectfully submitted, 

, Truant Officer, 

District, County, W. Va. 



FOKM NO. XIX. 



STATEMENT OP APPORTIONMENT OF THE GENERAL SCHOOL FUND., 

STATE OF WEST VIEGINIA, 

Department of Free Schools. 

Charleston, June , 190. . 

r -^° , County Superintendent, 

, W. Va. 

Dear Sir: 

The following is the amount of the General School Fund appor- 



128 School Law of West Virginia. 

tioned to your county for the year beginning July 1, 19. . ., and end- 
ing June 30, 19 ... : 

Net amount apportioned $ 

County Superintendent's salary $ 

Gross amount apportioned $. 

Total enumeration of your county 

You will please make the apportionment of the above NET amount 
among the several districts of your county at once that the boards of 
education may have the same in their hands at their second meeting 
on the second Tuesday in August. 

Eespectfully, 



State Superintendent of Free Schools. 
FOEM NO. XX. 

SCHOOL BOOK BOND. 



Know all men by these presents, That we 

Principal, and and 

sureties, are held and firmly bound unto 

the State of West Virginia, in the sum of ten thousand ($10,000) 
dollars, lawful money of the United States of America, to be paid 
unto the said State, for which payment well and truly to be made, 
we bind ourselves, our heirs, executors and administrators, jointly 
and severally, firmly by these presents. 

Sealed with our seals and dated this day of , 

in the year one thousand nine hundred and 

Whereas, by a certain agreement in writing, bearing date on the' 

day of 19 ... , the above bounden 

has covenanted, promised and agreed with the School Book 

Board of County to supply certain school text-books 

for use in the free schools of said County and State, as will in the 
said agreement more fully and at large appear : — 

Now, therefore, the condition of the above obligation is such that 

if the said shall faithfully, fully 

and entirely do, perform, keep and observe the said agreement, and 
every such agreement hereafter or hertofore made with any other 
School Book Board of any other county within this State, and each 
and every of the covenants, provisions, agreements, terms and con- 
ditions on .... part to be done, performed, kept and observed, then 



School Law of West Virginia. 129 

this obligation shall be void, otherwise to remain in full force and 
virtue. 



FORM XXI. 



SCHOOL TEXT-BOOK CONTRACT. 



This Agreement made and entered into this day of 

• in the } T ear of our Lord, one thousand nine hundred 

and six., .by and between the School Book Board of 

County, State of West Virginia, .party of the first part, and 

, party of the second part : 

WITNESSETH, That for the mutual considerations of this con- 
tract hereinafter named the parties subscribed hereto acknowledge 
themselves bound by the following terms and conditions, viz : 

First, the said County School Book Board hereby adopts for use in 
the schools of its county for a period of five years commencing on 
the first day of July, 1906, according to the provisions of Section 3 

of the School Book Law; and said , party of 

the second part agrees to furnish to every board of education or their 
ngents, every depositary, dealer or other person of the county the 
following books at the prices set opposite each : 

[Here state full and accurate title of each book, name of author, and name of 
publisher and price, including prices agreed on for exchange for other books, and for 
introduction, if any such prices for exchange or introduction are agreed on.] 

Second, it is agreed and understood that all the books furnished 
under this contract shall be equal in every respect to the sample 

copies furnished to , County Superintendent of 

said county, as provided in Section 8 of the 

School Book Law, and no changes shall be made in said books during 
the period of this contract except such revisions as are necessary to 
bring" geographies and histories up to date in matter. 

Third, it is further stipulated and agreed that the said party of the 
second part shall print and furnish to the county superintendent of 

said county as many copies of a schedule of the 

prices and terms of the books herein adopted as there are teachers and 
school officers in the count}'. 



130 School Law of West Virginia. 

Fourth, it is further stipulated and agreed that said party of the 
second part shall make no charge for boxing or carting any books 
sold under this contract but all said books shall be delivered properly 
packed and in good condition, free of charge, on board the cars at 
, in the county of and State of 

Fifth, it is further stipulated and agreed that said party of the 
second part shall take back all books sold under this contract and re- 
maining in good condition in the hands of boards of education, de- 
positaries, or agents of the School Book Board or boards of education, 
at the expiration of this contract, and refund the amount paid there- 
for. 

Sixth, it is further stipulated and agreed that all the provisions of 
said School Book Law, Chapter 45 of the Code of West Virginia, 
whether incorporated in this agreement or not, shall be binding on the 
parties thereto, and shall be taken, treated, and deemed as a part of 
this contract. 

In testimony whereof witness the following signatures this 

day of , 19 . . 

The School Book Board of County, 

(" , Pres. 

By^ 

I , S & cy. 

, Publisher, 

By 



INDEX. 



Page. Sec. 

Abstract of proceedings of board to be posted, where, when 32 46 

Accounts and settlements to be made with reference to school year. 13 1 

Accounts, sheriff to keep with boards 60 138 

Account of special debt levy to be kept separate 23 24 

Account of institute expenses to be read 50 109 

Action against school officers, when 24 25 

Action of trustees may be revised 37 65 

Action against sheriff 63 147 

Acts prohibited 23 25 

Additional levy : 

for current expenses 21 22 

when and how made . . . : 21 22 

to pay interest on bonded indebtedness and provide sinking fund 21 22 

vote upon 22 22 

ballot for 22 22 

Additional salary : 

may be paid by board of any sub-district 26 29 

in graded and high schools 26 29 

Additional term : 

how provided for 24 27 

ballot for 24 27 

Advice and consent of county superintendent to purchase apparatus 16 13 

Affidavit verifying report of enumeration 48 102 

Age, legal of school attendance 38 69 

of children admitted to kindergarten schools 28 34 

of compulsory school attendance 39 72 

Agents of the Board of the School Fund 64 155 

Agent, no school teacher or officer to act as 65 156 

Aggregate of taxable property to be set forth 19 21c 

Agriculture, elementary 41 78 

Agricultural experiment station (see W. Va. University.) 

Alcoholic drinks and narcotics ; nature of to be taught 41 78 

Allowance to be made for delinquent taxes 19 21c 

Amendment, constitutional, concerning the school fund 10 

Apparatus : 

to be purchased by board 16 13 

to be kept in repair 16 13 

to be purchased only by advice and consent of county superin- 
tendent 16 13 

for joint schools 18 18 

definition of 67 161 

value and kind of must be reported by trustees 37 63 

Appeal to county superintendent, when 16 12 

to circuit court, when 16 12 

Applicants for certificates : 

to receive statement of grades, when 44 87 

to receive but two third grade certificates 44 87 

not to receive more than one certificate of same grade in one 

year 44 87 

fee to be paid by 45 91 



132 Index. 

Page. Sec. 

to be examined in what 42 82 

(See also certificates.) 
Appointment : 

of secretary 31 45 

of trustees 33 53 

of teachers ' 34 56 

of certain persons as teacher prohibited 35 58 

of truant officers 40 73 

of state board of education 56 130 

of district superintendent 67 163 

Apportionment of general school fund 30 40-42 

Approval of location and plans by county superintendent 17 14 

Approval of trustees in transfering pupils 37 66 

Appropriation for examination of teachers 42 81 

Assessor : 

to make certificates of valuations to secretary and county su- 
perintendent,, when 32 48 

certificates of to serve as basis for school levy 32 48 

rate of levy to be reported to by secretary 32 49 

penalty upon, for what 33 50 

Assistant examiners : 

number of, ' how determined 45 90 

compensation of 45 90 

Assistants in examination of manuscripts 43 84 

Attendance at county institute required 50 106 

Attendance at district institute, credit for 51 111 

Attendance at school, to whom permitted 38 69 

Attendance, compulsory (See Compulsory Attendance.) 
Attorney General : 

to institute proceedings, when (See School Fund.) 

to prepare forms and instruction for certain elections 24 26 

Auditor : 

part of examination fees to be sent to 45 91 

part of institute fees to be sent to 50 109 

to report condition of school fund, when, to whom 63 151 

to deduct what from general school fund 30 40 

to ascertain amount of general school fund to to be distributed 

and report to State Superintendent 30 41 

report of valuation and levy to be made to by County Superin- 
tendent 32 49 

August : 

second Tuesday in, second meeting of board 18 21© 

fourth Tuesday in, third meeting of board 19 21c 

Authority of teachers 47 97 

Balance in sheriff's hands turned over to successor 63 149 

Balance from supplementary fund, if any, to revert to general 

school fund 21 21c 

Balance from special debt levy to revert to what 23 24 

Ballot : 

for vote on levy 18 20 

for vote on additional levy to pay interest on bonds, etc 22 22 

for vote on extension of term 25 27 

for vote on district high school 27 30 

Blanks to be prepared by State Superintendent 55 126 

Blanks and forms (See Appendix B.) 

Blind, West Virginia school for 86 

Bluefield Colored Institute 84 

Board of Education, the State (See State Board of Education.) 
Board of Education : 

how constituted 13 3 



Index. 133 

Page. Sec. 

•election of 13 3 

term of 13 3 

a corporation 14 7 

powers of as a corporation 14 7 

liability as a corporation : 14 7 

process and notice may be served on % . . . 14 S 

■to receive, hold and dispose of what 14 8 

to be deemed owner of what 15 8 

title to property vested in >. 15 8 

to obtain general warranty deed 15 8 

to retain school property, when 15 10 

to sell school property, when 15 10 

to have control of schools 15 11 

to determine number and location of schools 15 11 

to establish graded schools when necessary 15 11 

to establish high schools 15 11 

to change boundaries of sub-districts 15 11 

may increase or decrease number of sub-districts 15 11 

to enter on minute book, boundaries of districts and sub-districts 15 11 

to provide sites and buildings 16 13 

to locate buildings with reference to convenience of pupils. ... 16 13 

to improve school grounds 16 13 

to provide furniture, etc 16 13 

to keep furniture, etc., in repair 16 13 

to obtain advice and consent of County Superintendent before 

purchasing what 16 13 

to have regard to what in construction of buildings 17 14 

may condemn land 17 15 

to cause schools to be taught 17 16 

to employ teachers, when 17 16 

may discontinue school, when 17 17 

may provide building jointly 18 18 

to hold title to joint building 18 18 

to require bond of contractors ■ 18 19 

to hold meeting on second Tuesday in August IS 21 

to ascertain condition of fiscal affairs in district and make up 

itemized statement 18 21 

statement of to set forth what (a, b, c) 19 21 

to convene fourth Tuesday in August 19 21c 

to hear and consider objections to estimate and proposed levy. 19 21c 

to enter order of record showing objections 19 21c 

to reconsider and correct estimate and levies, when 20 21c 

to lay levy after making corrections 20 21c 

may levy for support of high school 20 21c 

may increase levy to pay interest on outstanding bonds 20 21c 

may enter an order relating to additional levy 21 22 

to submit to vote question of additional levy 21 22 

may lay additional levy for current expenses 21 22 

may lay additional levy for interest on bonds 21 22 

may continue to lay interest levy without additional vote, how 

long 22 22 

may submit to voters question of special debt levy 23 24 

may continue special debt levy 23 24 

may extend term 24 27 

shall submit question of longer term to vote, when 24 27 

shall notify ballot commissioners of election for longer term ... 25 27 

shall provide for extension of term, when 25 27 

shall fix salaries of teachers at first meeting 25 27% 

shall fix number of teachers at first meeting 25 27% 



134 Index. 

Page. Sec. 
shall have regard for grade of certificate in fixing salaries.... 25 27%. 
may establish graded schools in certain towns and villages. ... 25 28 
may establish high schools in towns having four or more schools 25 28 
to have charge of graded and high schools provided for in sec- 
tion 2S 26 28 

shall extend term in graded schools, when 26 28 

may pay more than minimum salaries to teachers 26 29 

may pay additional salary to teachers in graded and high 

schools 26 29 

may submit to vote question of district high school 26 30 

to publish notice setting forth what, concerning district high 

school 26 30 

to establish district high school, when 26 30 

may hold meetings when 27 32 

may transact what business at a special meeting 27 32 

may do official business when only 27 32 

quorum of 27 32' 

compensation of 27 33- 

to attend county teacher's institutes 27 33. 

to prescribe qualifications of kindergarten teachers 28 34 

may purchase free text-books 28 35 

shall enter of record order to purchase free text-books 28 35 

May purchase books for school libraries under certain restric- 
tions 29 37 

May borrow money and issue bonds, when, for what purpose. . 29 39 

must submit question of bond issue to vote 29 39 

maj appoint secretary, when 31 45 

shall appoint trustees, when 33 53 

to furnish trustees with record books 34 53%. 

may remove teachers for what 35 58 

may declare teachers' contract void, when 35 58 

may remove trustees 34 54 

trustees to make report to concerning what 37 63 

shall pay expenses of trustees, when, from what fund 37 '64 

to have supervisions of trustees 37 65. 

may revise action of trustees, when 37 65 

shall pay for tuition of transferred pupils 38 67 

may abolish sub-districts and consolidate schools, when 3S 68 

to establish schools for colored youth 38 70' 

may be compelled by mandamus to divide funds 39 71 

shall appoint truant officers 40 73. 

to pay truant officer, when 41 77 

may make uniform certificates valid in independent districts. . 43 86 

to pay for taking enumeration, when 49 103-' 

account to be kept with by sheriff 60 138 

sheriff to make settlement with 60 139 

to examine statement and vouchers of sheriff 61 141 

to retain copy of sheriff's settlement 61 141 

failure to make settlement 63 148< 

not to be interested in contracts 65 158- 

penalty upon for failure to perform duty 66 159 

may purchase flags and have them displayed 67 162: 

may provide for district supervision ; shall when 67 16$ 

may take entire charge of schools so supervised 67 164. 

Board of Examiners, State (See State Board of Education.) 

Board of Public Works, shall tansfer funds from State fund to gen- 
eral school fund, when 30 40 

Board of the School Fund (See School Fund.) 

Board, Text-Book (See Text-Book Board.) 

Bond: 



Index. • 135 

Page. Sec. 

of County Superintendent 52 115 

additional, of sheriff 59 137 

may be required of agents of board of school fund 64 155 

required of contractor IS 19 

Bonded indebtedness, constitutional provision 9 

additional levy for 21 22 

Bonds : 

outstanding, increase in levy for 20 21c 

outstanding, levy for to be continued .. . . 22 22 

may be issued in towns with enumeration of three hundred or 

more 29 39 

payable when 29 39 

interest on must be provided for 29 39 

limitation concerning 29 39 

question of must be submitted to vote and must receive three- 
fifths of all votes cast 29 39 

Book Board (S'ee Text-Book Board, Appendix A.) 

Books, School Text (See Text-Books) 

Books, Free Text (See Free Text-Books.) 

Books for School Libraries : 

may be purchased by board 29 37 

maximum amount to be expended for 29 37 

must be selected from list prescribed by State Superintendent 29 37 

State Superintendent to prescribe list of 56 129 

Boundaries of Sub-Districts ; 

may be changed 15 11 

to be recorded in minute book 15 11 

Branches in which teachers examined 42 82 

Building and repairing school houses ; bond for 18 19 

Buildings (See School Houses.) 

Building Fires (See Fires.) 

Building Fund : 

compensation for sweeping house, etc., paid out of 36 61 

expenses of trustees paid out of 37 64 

fines paid into 39 72 

expense of conveyance of pupils payable out of 38 68 

compensation for institute attendance paid out of 50 106 

fines for violation of compulsory attendance law credited to... 76 40 

compensation for taking enumeration paid out of 49 103 

amount in, due to, to be raised for, to be set forth in statement 19 21a 

demands upon to be set forth in statement 19 21b 

expenditures from to be set forth in statement 19 21c 

levy for 20 21c 

maximum rate of levy for 20 21c 

Business may be transacted by board, when 27 32 

Cadet Corps (See West Virginia University.) 

Calendar, the school 4 

Capitation Tax : 

constitutional provision concerning 8 

proceeds of to go to general school fund 30 40 

Certificate, Assessors : 

to County Superintendent 32 4S 

to serve as bases for levy 32 48 

to secretary 32 4S 

Certificates of proficiency in reading circle course 51 112 

Certificates, Teachers : 

grade of to determine salaries 25 27 % 

required of kindergarten teachers 28 34 

to be endorsed by secretary on original 35 57 

to be presented to trustees 35 57 



136 Index. 

Page. Sec. 

to be filed with secretary 35 57 

valid in graded and high schools; include what subjects 42 82 

valid in ungraded schools only ; include what subjects 42 82 

all matters relating to under control of State Superintendent. . 41 80 

special high school teachers' 46 82 & 94 

special primary teachers' 46 82 & 93 

grades of 43 S4 

to be signed by State Superintendent 43 85 

to be countersigned by County Superintendent 43 S5 

where valid 43 86 

how revoked 43 86 

duration of 44 87 

renewal of first grade uniform ; fee for 44 87 

third grade issued but twice to same applicant 44 87 

only one of same grade to applicant in one year 44 87 

applicants to receive statement of grades when 44 87 

State Superintendent and County Superintendent to keep regis- 
ter of '44 87 

immorality or neglect of duty on part of persons holding, to be 

reported 45 89 

of first grade to be issued to certain graduates 45 92 

grade of certain certificates defined 46 95 

State professional (See State Certificates.) 

may be issued to persons coming from other states, when 58 133 

countersigned 58 134 

(See also Examination of Teachers.) 

Change in boundaries of sub-districts 15 11 

Charges against sheriff's account 60 139 

Classes of youth enumerated 48 102 

Clerk of County Court : 

to certify name and address of County Superintendent 52 115 

to call meeting of presidents to appoint County Superintendent, 

when, where 52 116 

vouchers and statements of sheriff to be returned to 61 141 

to keep record of settlement with sheriff 61 142 

penalty upon ; for what 33 50 

levies to be reported to; constitutional provision 11 

Collection of money due school fund 64 154&155 

Colored Institute, the West Virginia 80 

graduates of to receive certificates, when 45 92 

Colored Institute, the Bluefield 84 

Colored Schools (See Schools for Colored Youth.) 

Colored Teachers : 

normal training for 76 18S 

graduates of normal course of W. Va.> Colored Institute to re- 
ceive certificates 45 92 

(See also Schools for Colored Youth.) 

Colored Youth : 

not to be taught with white; constitutional provision 11 

not to be taught in same school or building with white pupils. 38 70 

board to establish schools for 38 70 

funds to be divided in proportion to number of 38 70 

(See also Schools for Colored Youth.) 

Commissioners, School : 

election of 13 3 

must vacate office, when 14 5 

oath of : 14 6 

compensation of 27 33 

shall vacate office, when 14 5 

Commissions, sheriff's 62 144 



Index. 137 

Page. Sec. 

Commissions, of agents for school fund. .-. . 65 155 

Committee on Course of S'tudy 57 130 

Compensation : 

of president and members of board 27 33 

of school librarian 29 3S 

of secretary for report 33 52 

of assistant examiners 45 90 

for taking enumeration ; when paid 49- 103 

for attendance at county institute 50 106 

of institute instructors 50 108 

of County Superintendent for conducting examinations 53 118 

of State board of education 57 131 

of State board of examiners 59 135 

of agents for school fund 65 155 

for building fires ; to be paid from what fund 36 61 

of truant officers ; how and when paid 41 77 

Complaint against parent or guardian (Compulsory Attendance.) 

may be made by any resident or teacher 40 73 

truant officers shall make, when 40 73 

Complaint concerning action of trustees 37 65 

Compulsory Atendance : 

to whom applicable 39 72 

who responsible for violation of 39 72 

penalty for violation of 39 72 

fines for violation of to be credited to what 39 & 40 72 & 76 

an offense ; what constitutes 39 72 

exemption from , 39 72 

truant officers to enforce 40 73 

(See also Truant Officers.) 

Condemnation of land for school purposes 17 15 

Condition of school houses to be reported by trustees 36 63 

Consent of County Superintendent necessary to purchase what 16 13 

Consolidation of schools 38 6S 

Constitutional provisions concerning the school system 7 

Contagious diseases 47 97 

Contingent expenses of State Superintendent's office 30 40 

Continuation of special debt levy 23 24 

Contract, Teachers' : 

must be filed with secretary 34 56 

may be declared void, when 35 58 

understanding in concerning holidays 35 59 

form for (See Forms, Appendix B.) 

Contracts for the conveyance of pupils 38 6S 

Contracts, school officers not to be interested in 65 158 

Control of schools 15 11 

Control of uniform examinations 41 SO 

Conveyance of Pupils 38 68 

expenses of 3S 68 

contract for 38 6S 

Corporation : 

the board of education to be a 14 7 

powers of as such 14 7 

liability of as such 14 7 

Correction of sheriff's settlement (See Sheriff.) 

Correction of levy may be made how ; when 19 21c 

Cost of joint schools (See Joint Schools.) 

County Court, sheriff to make settlement with 60 142 

County Institutes (See Institutes, County.) 

County officers, subject to indictment ; constitutional provision .... 8 

County Superintendent : 



138 Index. 

Page. Sec, 

constitutional provision for , 9 

to give deciding vote, when 14 4 

to fill vacancy in board 14 5 

to hear appeals in what case 16 12 

to serve notice on secretary of meeting to hear appeal 16 12 

may reverse or correct action of board, when 16 12 

to approve locations and plans of buildings, when 17 14 

to apportion general school fund to district 30 42 

to notify board of amount due from general school fund 31 42 

to issue requisition for general school fund, when 31 43 

rate of levy to be reported to by secretary 32 49 

to report rate of levy to clerk of county court and assessor ... 32 49 
to report rate of levy and valuations to State Superintendent 

and Auditor 32 49- 

penalty upon for what 33 50 

secretaries to make report to 33 51 

to designate place of holding examination 41 80' 

to open examination questions, how 42 83- 

to seal all packages of manuscript and forward to State Super- 
intendent 42 83 

to furnish information to State Superintendent 43 83 

to debar certain persons from examination 43 S3- 

to keep register of certificates 44 87 

guilty of misdemeanor ; when ; penalty for 44 88 

shall vacate office, when 44 88 

to report immorality or neglect of duty on part of persons hold- 
ing certificates , . . . . 44 89 

to conduct examinations 45 90 

to appoint assistant examiners; how many, compensation of.. 45 90 

to collect examination fees 45 91 

to pay assistant examiners and other expenses of examinations 45 91 
to make itemized report of examination collections and disburse- 
ments ; to whom 45 91 

shall take, receipts for all money expended in examinations.... 45 91 

to transmit to State Superintendent summary of enumeration.. 49 104 

may excuse teachers from attending institute, when only 50 106> 

to prevent teachers from teaching, when 50 106 

to arrange for county institutes 50 107 

to remit part of institute fees to Auditor 50 109 

to arrange for and conduct district institutes 51 111 

election of 51 113 

term of office of 51 113 

to notify State Superintendent of his election 51 113 

tie in vote for ; presidents of boards to appoint 51 114 

oath of ; when taken 51 115 

to execute bond 51 H 5 

name and address of to be certified by clerk to State Superin- 
tendent 51 115 

vacancy in office of ; how filled 52 116 

qualifications of 52 117 

salary of ; how determined •, 5S 

compensation of for conducting examinations 53 

may engage in teaching ; when only 53 

to report number of schools visited 53 

deductions from salary of «, 53 



119 



53 120 

120 



payment of salary of 

report of ; delay in making 53 

to visit schools ; when ; for what purpose 54 

to examine school buildings and equipment 54 

to report incompetency, neglect 'of duty, etc 



122 



54 122 



Index. 139' 

Page. Sec. 

to receive and revise reports of secretaries 54 123 

to make annual report to State Superintendent 54 123 

not to be interested in contracts; penalty 65 158 

County supervision, constitutional provision 9 

Course of study, committee on 57 130 

Course of study, manual of 41 79 

Course of Study for reading circles 51 112 

Court of competent jurisdiction may declare office vacant, when.... 24 25 

Credit for attendance at district institute 51 111 

Credits to sheriff's account 60 139 

Current expenses, additional levy for 21 22 

Daily Registers '47 98 

Deaf and Blind, West Virginia Schools for 86 

Debt ; constitutional provision for 8 

Debt levy, special (See Special debt levy.) 

Decrease or increase in number of sub-districts 15 11 

Deed, general warranty for school sites 15 8 

Deed, agents may execute, when (see school fund) 64 155- 

Deductions from salary of County Superintendent 52 119 

Deductions from general school fund 30 40' 

Definition of terms used in, this chapter 66 161 

Delay in making County Superintendent's report; penalty 54 120' 

Delinquent lists shall be returned 31 44 

Delinquent taxes and contingencies to be allowed for in statement. . 19 21c- 

Destruction of free text-books, pupils responsible for 28 36 

Diplomas : , 

kindergarten teachers' 28 34 

to be issued by State Superintendent 41 79 

granted in other states may be recognized 58 133'. 

certificates to be issued upon 45 92 

Disagreement of board as to location and plans 17 14 

Discontinuance of school, when 17 17 

Discontinuance of district high school . . . . 27 31 

Disease, contagious or infectious 47 97 

Distribution of general school fund 30 40* 

District : 

definition of 67 161 

constitutional provision 7&11 

to be sub-divided 13 2 

independent constitutional provision 11 

every magisterial district a school district 13 2 

present districts and sub-districts to remain until changed by 

law 13 2 

District High School : 

may be established by vote of people 26 30 

election for to be held when 27 30 

notice of election for to be posted 26 30 

shall be discontinued, when 27 31 

District Institutes (See Institutes, District.) 
District Supervision : 

board may establish ; shall establish, when 67 163 

board to establish rules and regulations for 67 163 

superintendent, appointment of 67 163 

salary of Superintendent 67 163 

to make reports 67 163 

board may take charge of schools so supervised 67 164 

Division : 

of districts 13 2 

of village by district or county line 16 11 

of expenses in case of transferred pupils 38 67 



140 Index. 

Page. Sec. 

of funds with colored schools 39 71 

Drunkenness : 

persons addicted to debarred from examination 43 83 

revocation of certificates because of 43 86 

Duplicate of certificate to be filed 35 57 

Duration of certificates 44 S7 

Duties : 

of State Tax Commissioner and Attorney General 24 26 

of State Superintendent 55 126 

of County Superintendents (See County Superintendent.) 

of district superintendents 67 163 & 164 

of board of education (See Board of Education.) 

of secretary of board 31 45 

of board of the school fund 64 132 

of the State board of education 56 130-136 

■of the State board of examiners 58 132-136 

of truant officers 39 73 

of teachers (See Teachers.) 

of sheriff (See Sheriff.) 

of clerk of county court (See Clerk of County Court.) 

teachers exempt from • • • • 47 97% 

of assessor 47 48 & 49 

Election : 

special 66 160 

for extension of term ; notice of to be published 24 27 

for levies, how held 22 23 

special for levies ; ticket for ; ora'er for to be published 22 23 

on question of district high school 27 30 

on question of bond issue 29 39 

Election of board of education 13 3 

Election of County Superintendent 51 113 

Election laws, general, to apply in special elections 22 22 & 23 

Elementary agriculture • 41 78 

Employer guilty of misdemeanor, when 40 47 

Endorsement of teachers certificate by secretary, required 35 57 

Endorsement of orders by sheriff 62 145 

Enforcement of compulsory attendance 40 73 

^Enumeration : 

distribution of school fund according to 30 40 

of pupils transferred 37 66 

to be taken and reported by teacher \ 48 101 

register of to be returned or salary withheld 47 100&102 

to include what 48 101 

to be taken in what classes 48 102 

report of to be delivered to secretary, when 48 102 

report of to be verified by affidavit 48 102 

secretary to have taken, when 49 103 

compensation for taking ; when, from what fund 49 103 

record of to be kept by secretary 49 104 

record of to be sent to County Superintendent 49 104 

summary of to be sent to State Superintendent * . •. . 49 104 

Enrollment fee ; county institute 50 108 

Equipment of schools to be examined 54 122 

Estimates of improvements and repairs, to be made to board by trus- 
tees • 36 63 

Estimate of amount t.o be raised by additional levy 21 

Estimate of amounts needed and necessary levies 19 21c 

objections to must be heard 19 - lc 

Examination and graduation of pupils 41 79 

Examination of buildings by County Superintendent 54 122 



Index. 141 

Page. Sec. 

by trustees 36 60 

Examination in reading circle course 51 112 

Examination of Teachers : 

in kindergarten schools 28 34 

time and place of 42 80' 

all matters relating to under control of State Superintendent. . 41 SO 

County Superintendent to designate place of 42 80 

expenses of ; from what fund paid ; limit of 42 81 

to include what subjects 42 S2 

who to be debarred from 43 83 

manner of conducting 42 S3 

grade's of certificates issued from 43 84 

fraud in connection with ; penalty for 44 88 

County Superintendent to conduct 45 90 

assistants for; number of; compensation of 45 90 

persons to oversee may be appointed by State Superintendent. . 45 90 

fees for ; how disposed of 45 91 

for primary certificates 46 93 

for high school certificates 46 94 

compensation of County Superintendent for conducting 53 IIS 

by State board of examiners (See State Board of Examiners.) 

Examination fees i 45 91 

Examination questions, State board of examiners to assist in pre- 
paring 57 130 

Examiners, State board of (See State Board of Education.) 

Exceeding maximum rate of levy ; penalty for 23 25. 

Exclusion of pupils ; when ; by whom 47 97 

Excuse from institute attendance 50 106 

Exemption : 

of school property from execution, etc 15 9 

from application of compulsory attendance law 39 72 

of teachers from certain duties 47 97 %> 

Expenditures : 

current ; additional levy for 21 22 

unlawful by board, penalty for 24 25 

Expense : 

divided in case of transferred pupils 38 67 

of conveyance of pupils 38 68 

Expenses : 

of State Superintendent's office ; how provided for 30 40 

traveling, of State Superintendent 55 40&124 

of trustees 37 64 

of examination of teachers 42 81 

of conducting uniform examinations 45 91 

of institutes 50 10S- 

of State board of education 57 131 

Experiment Station, the West Virginia (See West Virginia University.) 

Expulsion of pupils ; when ; by whom 47 97' 

Extension : 

of school term 24 27 

of term in graded schools ." 26 28 

Failure : 

of trustees to employ teachers 17 16 

of sheriff to pay orders 62 145 

of sheriff to make settlement 62 146 

of board to settle 63 148: 

Pees : 

institute enrollment 50 109 

tuition (See Tuition Fees.) 

examination, for State certificate how disposed of 59 136; 



142 Index. 

Page. Sec. 

for renewal of certificates 44 87 

uniform examination ; how disposed of, etc 45 91 

Filing duplicate of certificate with secretary 35 57 

Fine : 

against school officers for excessive expenditures, etc 24 25 

for violation of compulsory attendance law; paid to sheriff.... 40 72 & 76 

against employers for what 40* 74 

against County Superintendent ; for what 44 S8 

against persons tampering with questions, etc 44 88 

against sheriff ; how recovered 63 147 

against board failing to settle 63 148 

against school officers and teacher, acting as agents, etc 65 157&15S 

for certain offenses, against officers and teachers 65 159 

for failure to perform certain duties 33 50 

'Fires, Building of in Schools : 

under direction of trustees 36 61 

compensation for 36 61 

to be paid for from building fund 36 61 

Fiscal affairs, statement of 18 21 

Flags, displayed 67 162 

Floating indebtedness ; how provided for 23 24 

Forfeitures of sheriff (See Sheriff.) 

Forfeitures and fines to go to what fund 30 40 

Forfeiture of office 24 25 

Forms and blanks ; State Superintendent to prescribe 55 126 

Forms and Instructions : 

to be prepared by tax commissioner 24 25 

to be prepared by attorney general 24 26 

to be prepared by State Superintendent 55 126 

(See also Appendix A.) 

Fraud in Examinations : 

on part of County Superintendent ; penalty for 44 S8 

on part of other persons ; penalty for 44 88 

Free instruction, to whom granted 38 69 

Free schools (See Schools.) 

Free Text-Books : 

board may purchase 28 35 

shall enter of record order to purchase 28 35 

secretary to have charge of 28 35 

teachers to distribute and have control of 28 36 

secretary to take receipt for from teachers 28 36 

teachers to collect and deliver to secretary 28 36 

pupils to be held responsible for injury or destruction of 28 36 

to be purchased directly from publishers, contract with 28 36 

Fund, the Building (See Building Fund.) 

Fund, the General School (See General School Fund.) 

Fund, the School (See School Fund.) 

Fund, the Teachers' (See Teachers' Fund.) 

Fund, Supplementary (see Supplementary Fund.) 

Fund, Sub-District (See S\ib-District Teachers' Fund.) 

Funds, to be divided with colored schools 39 71 

Furniture : 

to be provided 16 13 

to be kept in repair 16 13 

for joint schools (See Joint Schools.) 

General School Fund : 

sum due from to be deducted ; when 19 21c 

to be made up from what 30 40 

shall be apportioned and distributed according to what 30 40 

to be used for what 30 40 



Ixdex. 143 

Page. Sec. 

auditor to deduct what 30 40 

not to be less than seven hundred and fifty thousand dollars... 30 40 

transfer to from State fund mar be made : when and by whom . . 30 40 

may be made one million dollars ; when 30 40 

auditor to ascertain amount of to be distributed and report 

same to State Superintendent 30 41 

State Superintendent to ascertain proper share of due to each 

county .'.... SO 41 

can not be drawn by board until when 31 42 

requisition for to be made, when 31 43 

payable to counties in two installments 31 43 

' expenses of uniform examinations paid from 42 SI 

-General supervision of schools ; constitutional provision 9 

•Girls' Industrial Home 97 

Governor : 

State Superintendent to make report to 56 126 

to lay before legislature Auditor's report of condition of school 

fund 63 151 

to appoint various boards (.See under each State institution.) 

Grade of certain certificates 46 95 

Grades of uniform certificates 43 Si 

Graded Schools : 

may be established by board 15 11 

definition of 66 161 

board may establish in certain towns and villages under what 

conditions 25 2S 

extension of term in : manner of 26 2S 

cost of extension of term in not to exceed what 26 2S 

proceeds of levy for to be known as "sub-district teachers fund." 26 2S 

subjects taught in 41 7S 

course of study for 58 130 

Grading of manuscripts ^. . 43 S4 

Grades of certificates 43 S4 

Graduates of Certain Schools : 

to receive certificates of first grade on graduation, without ex- 
amination 45 92 

to receive state professional certificates, when 58 132 

Graduation of pupils 41 79 

Grammar school, definition of 66 161 

■Grounds to be improved 16 13 

Harboring children unlawfully 40 74 

High School : 

definition of 66 161 

may be established by board 15 11 

levy for 20 21c 

may be established in villages with four or more schools 25 2S 

extension of term in 26 28 

levy for not to exceed what 26 28 

board of education to have charge of 26 28 

to be open to whom 26 28 

district (See District High School.) 

subjects taught in 41 7S 

course of study for 56 131 

High Sehool Teachers' Certificate : 

granted when and under what regulations 46 S2 & 94 

examination for 46 94 

renewal of 46 94 

grade of determined 46 95 

Holidays : 

schools not to be k«ept open on 35 59 



144 Index. 

Page. Sec. 

counted as days taught, when 35 59 

definition of 67 161 

Home for Girls, West Virginia Industrial 97 

Houses, school (See School Houses.) 
Houses and Sites : 

to be examined by president of board 15 10 

to be retained, when 15 10 

to be sold, when 15 10 

Immoral Character : 

persons debarred from examination because of 43 83; 

certificates may be revoked because of 43 86- 

Immorality or neglect of duty; County Superintendent to report... 45 89-' 

Imprisonment; employer may be punished by, for what 40 74 

Improvement of school grounds 16 13 

Improvements; Legislature to encourage; constitutional provision.. 12 

Improvements and repairs estimate of to be furnished by trustees. . 36 63 

Incompetence on part of teachers to be reported 54 122" 

Increase or decrease in number of sub-districts 15 11 

Indebtedness, Bonded : 

constitutional provision for ' 9 

additional levy to pay interest on 21 22- 

Indebtedness, floating ; how provided for 23 24 

Indebtedness unlawfully incurred by board ; penalty 23 25 

Independent Districts ; constitutional provision 11 

Indictment; county officers subject to; constitutional provision.... 8 

Industrial Home for Girls 96 

Infectious diseases 47 97' 

Injunction ; school officers may be removed by 24 25- 

Inspection of secretary's record may be made 31 45 

Inspection of school houses by trustees ; when made 36 60' 

Institutes, County : 

president and members of board to attend ; to be held, when, 

where 49 105 

teachers required to attend 49 106 

County Superintendent may excuse teachers from attending, 

when only 50 106 

compensation for attending ; from what fund paid 50 106 

failure to attend to debar from teaching 50 106 

instructors for ; qualification of 50 107 

pay of instructors for 50 108 

enrollment fee ; how used 50 109' 

account of expenses to be approved by institute 50 109' 

certified list of persons enrolled to be sent to State Superin- 
tendent 50 110 

Institute, District : 

number of to be held 51 111 

credit for attendance 51 111 

Institute, the Bluefield Colored 84 

Institute, the West Virginia Colored 80 

Instruction : 

free, to whom granted 38 69" 

in what branches required 41 7S 

Instructions : 

of tax commissioner to be followed in what 24 26 

of attorney general as to elections 24 ' 26; 

Instructors for county institutes (See institute, County.) 
Interest : 

charged against sheriff, when 62 146- 

on bonded indebtedness, provision for 21 22: 

levy for may be continued without additional vote until when. 21 22: 



Index. ' 145 

Page. Sec. 

on bonds must be provided for 29 39 

Intermediate School ; definition of 66 161 

Interpretation of school law 56 128 

Investment of the School Fund 64 152 

Joint Schools : 

how provided 18 18 

title to buildings for 18 18 

terms of agreement to be reduced to writing 18 18 

shall be provided with furniture, etc „ 18 18 

Judgment against board of education 63 150 

Judgment against sheriff, when 62 145 

July, first Monday in, board to hold first meeting 25 27% 

Jury, teachers exempt from serving on, when 47 97% 

Justices to remit fines to sheriff 40 76 

Keyser Preparatory Branch of the West Virginia University 78 

Kindergartens : 

board may establish in what schools 28 34 

who admitted to 28 34 

teachers of, qualifications for 28 34 

Land, condemnation of for school purposes 17 15 

Law, the school (See School Law.) 

Laws governing general elections to apply in special elections 21 22 

Legislature : 

to prescribe terms of office ; constitutional provision 7 

to provide free schools ; constitutional provision 9 & 10 

to encourage improvements; constitutional provision 11 

power of to levy ; constitutional provision 8 

Levy : 

vote on 18 20 

ballot for vote on 18 20 

rate of to be set forth in statement 19 21c 

may be corrected ; how 19 21c 

to be laid after corrections made 20 21c 

for building fund ; maximum rate of 20 21c 

for teachers' fund ; maximum rate of 20 21c 

for support of high schools 20 21c 

increase in to pay interest on outstanding bonds 20 2lc 

additional (See Additional Levy.) 

for interest on bonds and for sinking fund 21 22 

for bonded indebtedness ; continuance of ; use of 22 22 

elections on ; how held 22 23 

special debt (See Special Debt Levy.) 

maximum rate of may not be exceeded 24 25 

special for extension of term ; fund to be known as what 26 28 

delinquent lists for 31 44 

assessor's certificate of valuations to serve as basis for 32 48 

rate of to be reported by secretary ; when ; to whom 32 49 

specific, may be ordered, when 63 150 

constitutional provision concerning 11 

power of legislature to lay ; constitutional provision 8 

Liability of school officers to action by State, when 24 25 

Libraries, School : ■ 

number and value of volumes in to be reported by trustees.... 37 63 
(See also Books for School Libraries.) 
Librarian : 

may be appointed Dy trustees, when 29 38 

compensation of 29 38 

to open library, when 29 38 

who may draw books from 29 38 

Limit of special debt levy 23 24 



146 INDEX. 

Page. Sec. 

limitation on bond issue 29 39 

Xiocation of Schools : 

to be determined by board 15 11 

to be determined with reference of convenience of pupils 16 13 

Location and Plans : 

to be approved by County Superintendent 17 14 

to be selected by County Superintendent, when IT 14 

Magisterial districts to be school districts 13 2 

Mandamus : 

school officers may be removed by 24 25 

to compel division of funds 39 71 

payment by sheriff may be enforced by 63 150 

Manual of course of study 41 79 

Manuscript, examination ; transmission of 42 83 

Maximum Rate of Levy : 

for building fund 20 21c 

for teachers' fund 20 21c 

Meeting of presidents to appoint County Superintendent, when 51 116 

Meetings of Board of Education : 

first ; when held ; business to be transacted 25 27% 

second ; when held ; business to be transacted 18 21 

third ; when held ; business to be transacted 19 21c 

monthly and special 27 32 

Meetings of Board of school fund ; when, where 64 152&153 

Meetings, literary and religious may be held in school houses ; condi- 
tions 36 62 

Meetings of trustees 34 53 V2 

Member of Board : 

must vacate office, when 14 5 

oath of ; when to be taken 14 6 

compensation of '. 27 33 

Method of making settlement, sheriff's 60 141 

Mileage of State board of examiners 59 135 

Minimum amount of general school fund 30 40 

Minimum Salaries : 

for different grades of certificates 25 -IVz 

may be exceeded, when 26 29 

Minimum school term 20 21c 

Misdemeanor : 

school officers guilty of, when 24 25 

assessor, clerk of county court, secretary, or County Superin- 
tendent, guilty of, when 33 50 

parent or guardian guilty of, when 40 74 

employers guilty of, when 40 72 

County Superintendent guilty of, when 44 S8 

board of education guilty of, when 63 14S 

to act as agent, penalty 65 157 

Money for school purposes collected and distributed by sheriff 59 137 

Montgomery Preparatory Branch of the West Virginia University.. 76 

Name and address of County Superintendent to be certified 52 115 

Narcotics and alcoholic drinks ;. special instruction concerning 41 78 

Neglect of duty on part of school officers ; fine for 66 159 

Neglect of duty ; County Superintendent to report 45 S9 

Non-attendance (See Compulsory Attendance.) 

Normal Schools : 

graduates of to receive uniform certificates without examina- 
tion, when ! 45 92 

graduates to receive State certificates, when 58 132 

constitutional provision 12 

(See also State Normal Schools.) 



INDEX. 1-iT 

Page. Shc 

Normal training for colored teachers 76 1SS 

Notice : 

of elections for special bond levy 22 23 

of election on question of district high school 26 30 

of violation of compulsory attendance law : when required : when 

not required 40 73 

of meeting of presidents to appoint County Superintendent. ... 52 114 

Notification of trustees of appointment 34 53 

Number and location of schools to be determined by board 15 11 

Number of sub-districts may be increased or decreased 15 11 

Number or" teachers : board to determine, when 25 27 x -i: 

Oath: 

of members of board 14 6 

of secretary of board 31 45 

may be administered by secretary ; for what purpose 32 47 

of trustees 34 53 

<: t County Superintendent 52 115 

of office : constitutional provision 7 

Objections to estimate and proposed levy 19 21c 

Objections to sheriff's settlement i See Sheriff, i 

Obligation unlawfully incurred by board : penalty for 23 25 

Offense against compulsory attendance law 39 72 

Officers of board of school fund 64 152 

Officers, county, subject to indictment: constitutional provision.... S 

Officers, school i See School Officers. < 

Order of proceedings at annual meetings of board : Appendix A. 

Order for purchase of free text-books to be entered of record 25 35 

Orders : 

outstanding, may be paid by special levy 23 24 

for teachers' salary: drawn by whom: signed by whom 47 99 

paid by sheriff, when 59 13S 

failure of sheriff to pay 62 145 

Outstanding bonds : increase in levy for ; 21c 

Overseers for examination may be appointed 45 9<li 

Parent or Guardian : 

to be notified, when 40 73 

complaint against 40 73 

Payment : 

of teachers 47 99 

of salary of County Superintendent 53 120 

of school orders 59 13S&145 

in excess by sheriff 140 

of orders by sheriff may be enforced by mandamus 6? 150 

of bonds 29 39 

of tuition required of whom 3S 69 

Penalty : 

against employer, when 40 74 

for violation of compulsory attendance law 39 72 

upon County Superintendent for committing fraud in examina- 
tions 44 SS 

upon County Superintendent for failure to make report 53 120 

for tampering with examination questions and manuscripts .... 44 

upon sheriff ; for what 02 145 

for acting as agent 65 157 

for being interested in contracts 65 15S 

not otherwise provided 65 159 

upon board of education for unlawful expenditures, etc 23 

upon board of education for exceeding maximum rate of levy. . 24 25 
upon assessor, clerk of county court, secretary, or county Su- 
perintendent, for what 33 50 



148 Index. 

Page. Sec. 

Personal property; taxes levied on to be extended on proper book.. 33 49 
Petition : 

for longer term 24 27 

for longer term in graded schools . 26 28 

for consolidation of schools 38 68 

for discontinuance of district high school 27 31 

for district supervision 67 163 

for librarian for school library 29 38 

Place and time of holding examinations 42 80 

Plans and Location for School Building : 

to be approved by County Superintendent 17 14 

to be selected by County Superintendent, when 17 14 

Poll books and tally sheets for special election to be furnished by 

whom 23 23 

Power of Legislature to levy ; constitutional provision 8 

Powers of board as a corporation , 14 7 

Preparatory Branch of the West Virginia University at Montgomery 76 

Preparatory Branch of the West Virginia University at Keyser.... 78 
President of Board of Education : 

election of 13 3 

to examine houses and sites 15 10 

compensation of 27 33 

to attend county teachers' institutes 27 33 

to sign teachers' orders 48 99 

to sign sheriff's settlement 61 141 

to appoint County Superintendent, when 51 114&116 

Primary Teachers' Certificate : 

subjects of examination for to be prescribed by whom........ 46 82,93&130 

valid in what grades and schools 46 93 

requirements for 46 93 

grade of determined . 46 95 

Primary school, definition of 66 161 

Principals to report cases of truancy 40 75 

Proceedings of board, abstract of 32 46 

Proceeds of special debt levy not to be used for other purposes. ... 23 24 

Proceeds of sale of property to be added to building fund 15 10 

Process : 

may be served on board 14 8 

copy of to be delivered to whom 14 8 

Professional certificates (See State Professional Certificates.) 

Prohibition concerning appointment of teachers 35 58 

Prohibition of certain acts, applying to board 26 25 

Property : , 

exempt from execution 15 9 

to be inspected ; may be sold 15 10 

aggregate of to be set forth in statement 19 21c 

taxable to be classified in statement 19 21c 

personal, to be listed separately 19 21c 

asessed by B. of P. W. to be listed separately 19 21c 

Prosecuting Attorney : 

may require correction in sheriff's settlement 61 143 

to proceed against sheriff, when 62 147 

Provisions as to certain funds 23 24 

Provision must be made fop interest on bonds 29 39 

Publication of order calling special election 22 23 

Pupils : 

to be held responsible for injury or destruction of text-books... 28 36 

transferred ; where enumerated 37 66 

transportation of 38 68 

examination and graduation of 41 7d 



Index. 149 

Page. Sec. 
colored (See Colored Youth.) 

under control of teacher, when, where 47 97 

may be excluded, when 47 97 

may be suspended, when by whom 47 97 

may be expelled, when, by whom 47 97 

Purchase of certain supplies by trustees 36 61 

Qualifications : 

of kindergarten teachers 28 34 

of trustees 33 53 

of institute instructors 50 107 

of County Superintendent 52 117 

of State Superintendent 55 124 

Questions for Examinations : 

preparation and transmission of 42 83 

State board of education to assist in preparation of, when 57 131 

tampering with; unlawful possession of; penalty 44 SS 

Quorum : 

of board of education 27 32 

of trustees 34 53 

Rates of Levy : 

maximum for teachers' and building funds 20 21c 

to be set forth in statement 19 21c 

to be reported by secretary, when, to whom 32 49 

Reading Circles : 

State Superintendent to prescribe course for ; in what subjects 51 112 

examination in course of 51 112 

certificates of proficiency in 51 112 

Real Estate : 

to be listed separately .- 19 21c 

taxes levied on to be extended on proper book 32 49 

Receipts for amounts expended in examination 45 91 

Recognition of certificates issued in other States 58 133 

Reconsideration and correction of estimate and levies 19 21c 

Record : 

of objections to estimate and levies , 19 21c 

trustees' of proceedings 34 53% 

of enumeration 49 104 

of State board of examiners 5S 133 

of sheriff's settlements with county court 61 142 

of proceedings of board of school fund 64 152 

Record, Secretary's. 

to be signed by whom 31 45 

to be open to inspection 31 45 

to be delivered to successor 31 45 

Recovery of fine against sheriff 63 147 

Reform School, the West Virginia 91 

Regents : 

of West Virginia University 68 167 

of State Normal schools 72 178 

of West Virginia Colored Institute 82 206 

of Bluefield Colored Institute 84 212 

of Preparatory Branch at Montgomery 76 190 

of Preparatory Branch at Keyser 78 197 

of the West Virginia Schools for the Deaf and the Blind 86 220 

of the West Virginia Reform School 91 237 

of the Industrial Home for Girls 97 254 

Register of Certificates : 

State Superintendent's 44 87 

County Superintendent's 44 87 

Registers and reports, teachers' 47 98 



150 Index. 

Page. Sec. 
Regulations : 

concerning school libraries 29 38 

concerning use of school houses 36 62 

concerning the uniform system of examinations 41 80 

Relationship exclusion 35 58 

Removal : 

of school officers 24 25 

of trustees from office 34 54 

of teachers 35 58 

from office ; constitutional provision 7 

Renewal : 

of first grade certificates ; fee for 44 87 

of high school certificates 45 94 

of State professional certificates 46 96 

Repair : 

of furniture, apparatus, etc 16 13 

of school building ; bond for 18 19 

Repairs and improvements, estimate of, trustees 36 63 

Report : 

Auditor's concerning the General School Fund 30 41 

concerning rate of levy; secretary's; County Superintendent's.. 32 49 

of trustees to board ; to show what 37 63 

of expenses trustees 37 64 

teacher's, principal's and superintendent's to truant officer. ... 40 75 

of immorality or neglect of duty on part of teachers 45 89 

of collections and disbursements on account of uniform examina- 
tions 45 91 

of secretary must be made before salary is paid 33 52 

of teacher .' 47 98 

of enumeration 48 100 

of schools visited, County Superintendents . . . .- 53 119 

of State Superintendent, to include what 56 127 

of State board of examiners 59 133&136 

of auditor concerning condition of the school fund 63 151 

of district superintendent 67 163 

of levies ; constitutional provision 11 

Report, County Superintendent's : 

delay in making ; penalty for 53 120 

made up from what 54 123 

Report, secretary's : 

to whom made 33 51 

when made 33 51 

compiled from what 33 51 

Reports to be made with reference to school year 13 1 

Requirements for primary teacher's certificate 46 93 

Requirements for high school teacher's certificate 46 94 

Requisition for general school fund made by board 31 43 

Requisitions, State Superintendent to sign 55 125 

Residence of State Superintendent 55 125 

Restrictions concerning purchase of books for school libraries 29 37 

Return of delinquent lists 31 44 

Review of teacher's action, when, by whom 47 97 

Revision of action of trustees 37 65 

Revocation of certificates 43 86 

Rules and regulations for district supervision 67 163 

Salary : 

of State Superintendent 55 40&124 

of district superintendent 67 163 

Salary of County Superintendent : 

how determined 53 118 






Index. 151 

Page. Sec. 

deductions from / 53 119&120 

payment of 54 120 

for fourth quarter not payable until when 54 120 

Salary of secretary of board 

to be paid from what 33 52 

to be paid how and when 33 52 

Salary of teachers : 

to be discontinued, when 17 17 

may be fixed above minimum, when 21 21 o 

board to fix at first meeting 25 27% 

regulated by grade of certificate 25 27% 

minimum for each grade of certificate 25 27% 

may not be transcended or diminished by trustees 25 27% 

paid how 47 99 

balance of not paid until when 48 100 

additional (See Additional Salary). 

Sale of school property 15 10 

Saturday not a school day 35 59 

School : 

definition of 66 161 

attendance at permitted to whom 38 69 

Schools : 

to be provided for by legislature; constitutional provision 9 

to be taught 17 16 

may be discontinued, when 17 17 

joint (See Joint Schools.) 
graded (See Graded Schools.) 

not to be kept open on Saturdays or holidays 35 59 

to be visited by trustees 35 60 

consolidation of 38 68 

graded and high ; subjects taught in .... : 41 78 

money for collected and disbursed by sheriff! 59 137 

for deaf and blind (See W. Va. S'chool for Deaf and Blind.) 
State Normal (See State Normal Schools.) 

School calendar 4 

Schools for Colored Youth : 

must be established 3S 70 

shall have share of fund 39 71 

board may be compelled by mandamus to divide funds with... 39 71 

School Board (See Board of Education.) 

School Books (See Text-Books, Appendix A.) 

School Districts (See Districts.) 

School Fund, the General (S'ee General School Fund.) 

School Fund, the : 

constitutional provision concerning 9 

constitutional amendment concerning 10 

income from to go to what 30 40 

Auditor to report condition of 63 151 

the board 'of ; duties of ; officers of 64 152 

meetings of board of, to be held where 64 152 

record of proceedings of board to be kept 64 152 

meetings may be held when 64 153 

collection of money due 64 154 

board of may appoint agents to collect claims 64 155 

board to require bond of agents 64 155 

agents to execute deed, when 64 155 

compensation of agents 65 155 

School grounds to be improved 16 13 

School Houses : 

to be retained, when ; to be sold; when 15 10 



152 Index. 

Page. Sec. 

number and location of 15 11 

to be located with reference to what 16 13 

for joint schools (See Joint Schools.) 

exempt from execution 15 9 

may be provided jointly IS 18 

to be kept in order by trustees 36 61 

may be used for what 36 62 

regulations for use of 36 62 

to be examined 54 122 

School Law : 

to be published by State Superintendent 55 126 

interpretation of 56 128 

School Libraries (See Libraries and Books for Libraries.) 

School Librarian (See Librarian.) 

School Officers : 

not to be interested in sale of books; constitutional provision. 11 

oath of ; constitutional provision 7 

removal of ; constitutional provision 7 

terms of ; constitutional provision 7 

guilty of misdemeanor 24 25 

personally liable, when 24 25 

not to act as agents 65 156 

not be interested in contracts 65 158 

157, 158, 

penalties against 65 & 159 

School Property (See Property.) 

School Term (See Term.) 

School Year : 

begins and ends when 13 1 

accounts and settlements made with reference to 13 1 

Seal, State Superintendent's 55 125 

Secretary of Board : 

oath of members of board filed with 14 6 

to make record of corrections and levy 20 21c 

to furnish poll books, etc., for special election 23 23 

to post notices of election for extension of term 25 27 

to have charge of free text-books 28 35 

to take receipt from teachers for free text-books 2S 36 

board shall appoint, when 31 45 

shall not be a member of board 31 45 

shall take oath 31 45 

shall attend all meetings and keep record 31 45 

record of attested by his own and president's signatures 31 45 

records of shall be open to inspection 31 45 

to have charge of all records and papers 31 45 

records of and documents to be delivered to successor 31 45 

shall post abstracts of proceedings of each meeting, where, when 32 46 
shall post itemized statement of settlement with sheriff, where, 

when 32 46 

may administer oath to whom 32 47 

assessor shall deliver certificate of valuation to, when 32 48 

to report rate of levy when, to whom 32 49 

penalty upon ; for what 33 50 

to make statistical report ; when, to whom 33 51 

salary of 33 52 

compensation for report 33 52 

teacher's contract shall be filed with 34 56 

teacher's certificate shall be filed with 35 57 

original of teacher's certificate to be endorsed by 35 57 

shall return expense account of trustees "for correction, when.. 37 64 



Index. 153 

Page. Sec. 

truant officers to make statement to 40 76 

to issue orders for teachers' salary 47 99 

teacher's term report returned to 48 100 

report of enumeration to be filed with 48 102 

to deduct from teacher's salary, when 48 102 

to have enumeration taken, when 49 103 

to keep record of enumeration 49 104 

to transmit record of enumeration to County Superintendent. .. 49 104 

to endorse vouchers or orders of sheriff 61 141 

to sign statements of sheriff 61 141 

Service of Process -. 14 8 

Security ; contractors to give 18 19 

Settlement : 

to be made with reference to school year 13 1 

with sheriff, statement of to be posted by secretary 32 46 

of sheriff with boards 60 139 

of sheriff with county court : 61 142 

Sheriff : 

general school fund paid to order of 31 43 

to collect and account for taxes 33 49 

to receive tuition fees and credit to teachers' fund 38 69 

truant officers to make statement to 40 76 

fines to be paid to 40 76 

to collect and disburse all school money 59 137 

to give additional bond 59 137 

to keep accounts with boards of education 59 13l3 

to pay orders, when 60 138 

to make settlements with boards, when 60 139 

to be charged with what 60 139 

to be credited with what , 60 139 

not to receive credit for payments in excess 60 140 

settlement of with board ; method of making 60 141 

vouchers and orders of to serve as basis for settlement 61 141 

to make settlement by districts with county court 61 142 

corrections in settlement of may be made at the instance of 

whom 61 143 

settlement of with boards may be accepted by county court, 

when 61 143 

commissions of 62 144 

failure of to pay orders ; judgment and penalty 62 145 

shall not be required to endorse orders before, when 62 145 

failure of to settle ; forfeiture for 62 146 

action against 63 147 

to turn over balance to successor 63 149 

may be compelled to pay orders by mandamus 63 150 

Sinking fund, may be provided for, when, how 21 22 

Sites and buildings to be provided by board 16 13 

Special Debt Levy : 

board may submit question of to voters 23 24 

limit of 23 24 

board may continue without additional vote until debt is paid.. 23 24 

proceeds of not to be used for any other purpose 23 24 

treasurer of, to keep account of separately 23 24 

balance from to revert to what 23 24 

Special Election : 

order for to be published 22 23 

for extension of term 25 27 

manner of holding, etc 66 160 

;State may maintain action against school officers 23 25 



154 Index. 

Page. Sec 
State Board of Education : 

of whom composed ; appointment of 56 130 

to perform duties of State board of examiners 57 131 

to constitute committee on course of study 57 131 

to prescribe and publish branches for examination for certain 

certificates 57 131 

to assist in preparation of examination question, when 57 131 

compensation of .* 57 131 

to hold examinations and grant State professional certificates.. 57 131 %• 

to issue two classes of certificates ; classes defined 57 131 y Z: 

to issue State professional certificates without examination ; to 

whom 58 132 

to issue certificates to teachers coming from other states, when 58 133 

to keep a record showing what 58 133 

to make report to State Superintendent 58 133 

compensation for conducting examinations 59 135 

as State board of examiners shall make a report setting forth 

what 59 136 

fees from examination ; how disposed of ... 59 136 

State Board of Examiners (See State Board of Education.) 

State Normal Schools : 71 

constitutional provision 12 

Marshall College 71 177 

Fairmont Branch 74 181 

West Liberty Branch 74 182 

Glenville Branch - : 74 183 

Shepherdstown Branch 75 1S4 

Athens Branch 75 1S5 

State Professional Certificates : 

examinations for 57 131 %• 

classes of ; to whom issued 57 131%; 

issued after three years experience to graduates of what schools 58 132 

first class issued on expiration of second class 5S 132 

validity of 46 96 

renewal of 46 96 

State Superintendent : 

to withhold money from general school fund, how much and for 

what purpose 20 21c 

to deposit money with treasurer of board, when and for what 

purpose 20 , 21c 

salary of paid from what 30 40 

traveling expenses of not to exceed what : paid from what .... 30 40 

contingent expenses of office of. paid from what 30 40 

to apportion general school fund to counties 30 41 

to notify Auditor and County Superintendents of apportionment 

of general school fund 30 41 

report of valuations and levy to be made to by County Superin- 
tendent 35 51 

to prepare manual of course of study 41 79 

to see that teachers follow manual 41 79 

to provide for examination and graduation of pupils 41 79 

to issue diplomas 41 79 

to have control of all matters pertaining to examination of 

teachers 41 80 

to prepare and transmit questions 42 83 

to prescribe manner of conducting examinations 42 83 

to examine manuscripts 43 84 

to issue certificates in duplicate ; of three grades 43 84 

to satisfy himself as to identity of applicants for certificates.. 43 84 

to sign certificates 43 85> 



Index. 155 

Page. Sec. 

may revoke certificates when and for what 43 86 

to renew first grade certificates 44 S7 

to give statement of grades to applicants for certificates ; when 44 87 

to keep register of certificates issued 44 87 

may appoint overseers for examinations 45 90 

report of examinations to be made to 45 91 

to issue certificates to certain graduates 45 92 

to announce subjects for examination for primary certificates ; 

when 46 93 

to announce subjects for examination for high school certificates 46 ' 94 

to appoint institute instructors 50 107 

list of persons enrolled in county institute to be sent to 50 110 

statement of institute expenses to be sent to 50 110 

to prescribe reading circle courses 51 112 

to provide for examination in reading circle courses 51 112 

to issue certificates of proficiency in reading circle courses. ... 51 112 

to issue requisition for County Superintendent's salary 53 120 

County Superintendent to make report to 54 123 

qualifications of ; term of 55 124 

salary of 55 124 

expenses of ; how provided for 55 124 

residence of 55 125 

shall provide a seal 55 125 

to sign requisitions on auditor for what 55 125 

duties of 55 126 

report of ; to include what 56 127 

to give interpretation of the school law 56 128 

to prepare and publish list of books suitable for school libraries 56 129 

to be member of State board of education 56 130 

to appoint five members of State board of education 56 130 

to countersign certificates 58 134 

Auditor to make report to concerning condition of school fund. 63 151 

State Tax Commissioner shall prepare certain forms and instructions 24 25 

Statement : 

of special levy for bonds to be printed on ticket 21 22 

of settlement with sheriff posted by secretary ; where, when ... 32 46 

truant officer's 40 77 

of grades issued to applicants for certificates, when 44 S7 

of institute expenses 50 110 

Statement of Fiscal Affairs : 

to set forth what (a, b, c) 19 21 

copy of to be published twice or posted, where 19 21 

allowance to be made in for delinquent taxes 19 21c 

to state separately value of personal property, real estate and 

property assessed by B. of P. W 19 21c 

forms and instructions for to be prepared by State Tax Com- 
missioner 19 21c 

Statistical report of secretary 33 51 

Sub-Districts : 

creation of 13 2 

present, to remain until changed by law . 13 2 

change in boundaries and number of 15 11 

may be abolished, when * 38 68 

Sub-District Teachers' Fund, how provided for 26 28 

Sub-Division of district 13 2 

Subjects, teachers to be examined in what 42 82 

for primary certificates 46 93 

Subjects Taught : 

in ungraded schools .S 41 7S 

in graded and high schools 41 78 



156 Index. 

Page. Sec. 

Sum due from general school fund to be deducted from what 19 21c 

Summary of Enumeration (See Enumeration.) 
Summary, Teacher's Monthly : 

to be signed by trustees 47 99 

to be delivered to secretary 47 99 

Superintendent : 

State (See State Superintendent.) 
County (See County Superintendent.) 
district (See District Supervision.) 

to report to truant officers 40 75 

Supervision : 

district 67 163 

general ; constitutional provision 9 

county ; constitutional provision 9 

and control of trustees 37 65 

State Superintendent charged with 55 126 

Supplementary Fund : 

to be deposited with treasurer of board 20 21c 

to be deducted from general school fund 20 21o 

not to exceed $50,000 21 21c 

to be used when and for what purpose 21 21o 

balance from if any to revert to general school fund 21 21o 

to be deducted from the general school fund 30 40 

Supplies, trustees may purchase 36 61 

Support of Free Schools ; constitutional provision 11 

Suspension of pupils 47 97 

Sweeping school house 36 61 

System of Free Schools to be provided by Legislature 9 

Tally sheets, etc., for special elections, furnished by secretary 22 23 

Tampering with examination questions and manuscripts ; penalty for 44 88 
Tax: 

capitation ; constitutional provision ... 8 

direct annual for interest on bonds 29 39 

Taxes : 

county, constitutional provision 8 

delinquent 31 44 

amount of levied to be extended on property books 32 49 

(See also Levies.) 

Taxable Property ; aggregate of to be set forth 19 21o 

Tax Commissioner to prepare forms and instructions 24 26 

Teachers : 

may be dismissed and school discontinued, when 17 17 

number of to be employed to be determined, when .25 27% 

kindergarten, qualifications for 28 34 

to distribute and have control of free text-books 28 36 

to collect text-books and return to secretary 28 36 

appointment of 34 56 

must hold certificate 34 56 

must present certificate to trustees 35 57 

must file duplicate of certificate with secretary 35 57 

must have certificate endorsed by secretary 35 57 

may be removed for what 35 58 

shall not receive salary, when 35 58 

to report what to truant officers 40 75 

to give instruction in what subjects 41 78 

to follow course of study prescribed in manual 41 79 

to be examined in what subjects 42 82 

exempt from certain duties 47 97% 

to keep daily registers and make monthly reports 47 98 

to keep term registers 47 98 



Index. 



157 



to include what in registers and rep.orts 

payment of 

to make monthly summary 

to have summary countersigned by whom 

to' deliver summary to whom 

to return term report to secretary 

to take and report enumeration 

to receive credit for attending district institute 

to be encouraged to form reading circles 

not to act as agent 

colored ; normal training for 

Teacher's Authority : 

to have control of children, how long 

may exclude whom from school . 

action of may be reviewed by trustees '. 

Teachers* Certificates (See Certificates.) 

Teachers' Fund : 

levy for : . . 

maximum rate of levy for 

the sub-district 

tuition fees to be credited to 

may be supplemented (Sfee Supplementary Fund.) 

Teachers' Institutes : 

county (See Institutes, County.) 
district (See Institutes, District.) 

Teachers' Salaries (See Salary of Teachers.) 

Teaching, County Superintendent may engage in, when 

Term, the School : 

length of 

extension of 

extension of in graded schools 

Term of Office : 

to be prescribed by Legislature ; constitutional provision 

of board of education 

of trustees 

of County Superintendent 

of State Superintendent 

Term Reports and Registers 

to be returned to secretary 

Text-Books : 

old law still in force 

retail price Appendix A 

refusal of publisher to carry out contrast " 

present contract to remain in force " 

not more than one book changed, except " 

who may sell " 

form of contract " 

bond of publishers " 

no school officer or teacher to a»ct as agent for. ... " 

depositories " 

depositaries to keep books " 

invoices of books , " 

payment to sheriff " 

depositary's commission " 

board of education liable for " 

books paid for out of building fund " 

board may remove depositary " 

books in exchange .* " 

teachers liable " 

misdemeanor '" 



Page. 


Sec. 


47 


98 


47 


99 


47 


99 


47 


99 


47 


99 


48 


100 


48 


100 


51 


111 


51 


112 


65 


156 


76 


188 


47 


97 


47 


97 


47 


97 


20 


21c 


20 


21c 


25 


28 


38 


69 



53 

20 
24 
25 



13 
34 
51 
55 

47 
48 

68 
104 
105 
105 
106 
106 
106 
106 
107 
107 
107 
108 
lus 
108 
109 
109 
110 
110 
110 
110 



118 

21c 
27 

28- 



53 
113 
124 

98 
100 

165 

iv 

vi 

vii 

vii 

viii 

viii 

ix 



xn 
xiii 
■iii 
xiii 
xiv 
xv 
xvi 
xvii 
xviii 
xix 



158 Index. 

Page. Sec. 

conflicting acts repealed " 110 xx 

free (See Free Text-Books.) 

Text-Book Board : 

how and when appointed Appendix A 103 

compensation of " 103 

vacancies " 103 

quorum " 103 

secretary " 104 

first meeting ' " 104 

secretary to report " 105 v 

meeting of before expiration of contract " 105 vi 

County Superintendent to call meeting of " 105 vi 

Ticket for special election 22 23 

Tie in Vote : i , 

for members of board 13 4 

for County Superintendent 51 114 • 

Time and Plax?e : 

of holding examinations 42 80 

of holding county institutes " 49 105 

Title to school property vested in board 15 S 

Title to joint school buildings 18 IS 

Transfer of Pupils : 

provision for 37 66 

expense of to be divided 3S 67 

Transfer from State fund to general school fund, when 30 40 

Transmission of questions and manuscripts 42 83 

Transportation of pupils (See Conveyance of Pupils.) 

Treasurer for special debt levy to keep account separately 23 24 

Truancy (See Compulsory Attendance.) 

Truant Officer : 

shall be appointed, when 40 73 

to enforce provisions of compulsory law 40 73 

shall use due diligence to ascertain violation of law 40 73 

to give written notice to parent or guardian, when 40 73 

to make complaint against parent or guardian, when 40 73 

not required to give notice in subsequent offences 40 73 

teachers, principals and superintendents to report to 41 75 

shall render itemized statement to secretary and sheriff 40 76 

compensation of ; how paid •. 40 77 

Trustees : 

to employ teachers 17 16 

to employ persons of temperate habits and good morals 17 16 

may not transcend or diminish salaries 25 27% 

may appoint librarian for school library 29 38 

board shall appoint, when 33 53 

term of office 34 53 

to be notified of appointment immediately 34 53 

to take oath, when 34 53 

no one of may transact business by himself, 34 53% 

quorum 34 53 % 

meetings , 34 53 % 

shall keep a record of their acts 34 53% 

may be removed from office ; how, by whom 34 54 

vacancy in office of, how filled 34 55 

shall appoint teachers ; when 34 56 

shall make contract with teachers ; how 34 56 

teachers' certificates to be presented "to 34 58 

shall not appoint certain persons 35 58 

shall visit schools, when 35 60 

shall do what when visiting schools 35 60 



Index. 159 

Page. Sec. 

shall cause school house to be kept in order 36 61 

may purchase what 36 61 

shall have house swept and" fires built 36 61 

may allow school houses used for what 36 62 

to prescribe regulations for use of houses 36 62 

to furnish estimates of improvements and repairs to board.... 36 63 

to make report to board showing what 37 63 

shall keep itemized account of expenses 37 64 

shall file expense account with secretary ; when . 37 64 

under supervision of board 37 65 

actions of subject to revision of board 37 65 

shall transfer pupils, when 37 66 

may review action of teacher, when 47 97 

may expel pupils, when 47 97 

to sign teacher's monthly summary 47 99 

not to be interested in contracts ; penalty 65 158 

Tuition : 

to be paid by whom 38 69 

to be paid to whom 38 69 

not to exceed what 38 69 

to be credited to teacher's fund 3S 69 

Union Schools (See Joint Schools.) 

University, the West Virginia 68 

Unlawful expenditures by board : penalty for 24 25 

Unlawful possesion of examination questions 44 88 

TJse of school houses may be granted ; for what purposes 36 62 

Vacancy : 

in office of trustee ; how filled 34 54 

in office of County Superintendent 52 116 

Vacancy in Board of Education : 

to be filled how 14 5 

to be declared, when 14 & 24 5 & 25 

Validity : 

of uniform certificates 43 86 & 87 

of primary certificates 46 93 

of State certificates 46 96 

Value and kind of apparatus to be reported by trustees 37 63 

Valuation of Property : 

estimate of 19 21c 

board to lay levy upon 20 21c 

assessor's certificate of; to secretary, to County Superintendent 32 4S 

Verification of enumeration by affidavit 48 102 

Village of fifty or more inhabitants to be in one district 16 11 

Violation of law by school officers ; penalty for ■ 24 25 

Violation of compulsory school law 39 72 

Visits to schools by trustees 35 60 

Visitation of schools, County Superintendents 54 121 

Volumes in library ; number of to be reported by trustees 37 63 

Vote : 

for members of board ; tie in 13 4 

on levy IS 20 

on additional levy for current expenses 21 22 

on additional levy to pay interest on bonds 21 22 

on question of longer term 25 27 

on district high school 27 30 

must be had on question of bond issue 29 39 

for County Superintendent ; tie in 51 114 

Touchers and Orders, Sheriff's (See Sheriff, i 

Warranty Deed to be secured by board 15 8 

West Virginia Colored Institute : 

act creating, etc SO 



160 Index. 

Page. Sec. 

graduates of to receive certificates, when 45 92 

West Virginia Reform School 91 

West Virginia Schools for the Deaf and the Blind 86 

West Virginia Industrial Home for Girls 97 

West Virginia University 68 

graduates of to receive certificates, when 45 92 

Preparatory Branch of at Montgomery 76 

Preparatory Branch of at Keyser 7S 

White and Colored Pupils : 

constitutional provision 11 

statutory provision 38 '70 

Year, the School (See School Year.) 
Youth : 

enumeration of (See Enumeration.) 

colored 3S 70 



K 



